HomeMy WebLinkAboutOrdinance No. 19563ORDINANCE NO. /~~~~~-
AN ORDINANCE CONCERNING THE SIGN CODE; AMENDING
SECTIONS 8.615, 5.620, 8.625, 8.630, 8,635, 8.640,
8.645, 5.654, 8.655, 8.656, 8.670, 5.690, 8.695,
8.700, 8.710, 8.720, 8.725, 8.765 AND 8.795 OF THE
EUGENE CODE, 1971; REPEALING SECTIONS 5.660, 8.665,
8.671, 8.672, 8.705, 8.755, AND 8.790 OF THAT CDDE;
AND DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS;
Section 1. Sections 8.660, 8.665, 5.671, 8.672, 8.705, 8.785, and 5.190
of the Eugene Code, 1971, are repealed, and Sections 8.515, 8.620, 8.625,
8.630, 8.635, 8.640, 8.645, 5.654, 8.656, 8.670, 8.690, 8.695, 8.700, 5.710,
8.720, 8.725, 5.765, AND 8.795 of that Code are amended, to read and provide:
5.610 Title. Sections 8.615 to 8.855 shall be known as the city sign
code.
8.615 Pur ose and Sco e. The purpose of this code is t0 protect the
health, safety, property and welfare of the public by establishing
standards for the design, quality of materials, construction, locatian, elec-
tr~f~cat~on, ~llum~nat~on and maintenance of all signs and sign structures
not located within a building. The council, after due deliberation, and
after a public hearing, hereby finds and declares:
~a} That the people of the city have a primary interest in
controlling the construction, locatian and maintenance of outdoor
signs in a manner designed to protect the public health, safety and
morals and to promote the public welfare.
fib} That the development of the city has resulted in an in-
crease in the number of businesses in the city, with an increase
in the number and size of signs advertising business activities,
creating conflicts between advertising signs themselves and between
advertising signs and traffic regulating devices.
~c} That it is necessary to provide equity and equality in
d~splay~ng signs by establishing regulations on size and location
of such signs.
~d} That it is necessary to the public 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, walls
or other structures constitutes a direct danger to pedestrian
traffic below such signs, especially during periods when winds of
Ordinance - 1
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 far fair and equal treat-
ment of sign users and fora reasonable period of time for the
elimination of nonconforming signs and for the amortization of
investment in said signs.
~h} That this code shall apply to the design, quality of
materials, construction, location, electrification, illumination
and maintenance of all signs and sign structures to be located
within the city.
~i} The regulations are not intended to, and do not restrict,
l~m~t, or control the content or message of signs.
5.60 Definitions.
Al_.. 1 ey. A publ i c way for automobi 1 e traff i c used for secondary
access to the rear or side of property, or, in the case of an alley
access parcel, for primary access.
Awnin~.~ A temporary shelter supported entirely from the exter-
~or wall of a building.
Banner. A temporary sign composed of lightweight material
either enclosed ar not enclosed in a rigid frame, secured ar mounted
so as to allow movement of the sign caused by movement of the
atmosphere.
Billboard. A sign in the Highway Oriented or Industrial Dis-
trict supported by a billboard structure which has a single face
greater than 200 square feet and less than 67~ square feet in area.
Buildin line. Aline established by ordinance beyond which
no building may extend. A building line may be a property line.
Bu~ld~n occu anc . That portion of a building occupied by
one tenant, ~nclud~ng the projection to the exterior walls of the
portion occupied.
Building offici_,al. The person designated by the city manager
as the bu~ld~ng off~c~al for the city, ar his/her designee.
Comb~nat~on s~ n. Any sign incorporating any combination of
the features of pole, projecting and roof signs.
Curb line. Line at the face of the curb nearest to the street
or roadway. In the absence of a curb, the curb line shall be
established by the city engineer.
Deve~ment„_site. A tract of land under common ownership ar
control, ether undivided or consisting of two or more contiguous
lots of record.
Electric si n. Any sign containing electrical wiring, but
not including signs illuminated 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 point
directly below or at the sign location and the property line, if
the sign, or any pro~ect~on thereof, is less than five feet distant
from the property line. In case the sign, or any projection there-
Ordinance - 2
of, is within five feet of a public sidewalk, alley or other public
way, the grade shall be the elevation of the sidewalk, alley or
public way.
Hei ht or hei ht of si n. The vertical distance from the
"Grade" to the highest point of a sign or any vertical projection
thereof.
Individual commercial establishments in residential areas.
Any commercial use located within a residential zone.
Location or si n location. A lot, premise, building, wall
or any place whatsoever upon which a sign is erected, constructed
or maintained.
Mar uee. A permanent ra.ofed structure attached to and sup-
ported by the building and projecting over public property.
Noncombustible. As applied to building construction material
means a material which, in the form in which it is used, is either
one of the following:
1. Material of which no part will ignite and burn when
subjected to fire. Any material conforming to U.B.C. Standard
4-I shall be considered noncombustible within the meaning of
this code.
2. Material having a structural base of noncombustible
material as defined in Item No. 1 above, with a surfacing
material not over 1/8 inch thick which has aflame-spreading
rating of 50 or less.
"Noncombustible" does not apply to surface finish materials.
Materials required to be noncombustible far reduced c1 earances to
flues, heating appliances, 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
combustibility or flame-spread rating beyond the limits herein
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 in U,B.C. Standard No.
42-1.
Plastic materials, a roved. Those having aself-ignition
temperature 650 deg. F. or greater when tested in accardance with
U.B.C. Standard No. 52-3 and asmoke-density rating not greater
than 450 when tested in accordance with U.B.C. Standard No. 42--1,
in the way intended for use, or asmoke-density rating no greater
than 75 when tested in the thickness intended far use by U.B.C.
Standard No. 52-2. Approved plastics shall be classified as
either CC1 or CC2, in accordance with U.B.C. Standard No. 52-4.
Pole si n. A sign wholly supported by a sign structure in
the ground.
Prvjectin si n, A sign other than a wall sign which projects
fram and is supported by a wall of a building or structure.
Reader board si ns. A sign on which the display surface copy
may be changed.
Roof si n. A sign erected upan or above a roof or parapet of
a building or structure.
Simon. Materials placed or constructed primarily to convey a
message or other display and which can be viewed from a right~of-
ordinance - 3
way, private road or another property.
Simon contractor,,,, general. A person engaged in the business
of hanging ,rehanging, p1 acing, assembling, installing, re airin
p g
or structurally altering any sign provided for within the Eugene
Sign Code.
Si n contractor, limited. R person engaged in the business
of hanging, rehanging, placing, assembling, installing, repairin
or structurall al ~ ~ ~ g
y ter~ng any non-~llum~nated sign which is.
~a} 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;
fib} Projecting nat mare than four inches from the build-
ing wall or not exceeding eight feet above grade if free
standing; and
~c} Not exceeding 128 pounds in weight.
Si n structure, any structure which supports or is capable
of supporting any sign as defined in this code. R sign structure
may be a single pole and may or may not be an integral part of the
building.
Street, An officially approved public thoroughfare or right-
of-way, other than an alley, which affords vehicle access to abut-
ting property.
Scree„t propert~l,i ne. A 1 of 1 i ne separating a street from
other land,
Surface area of si n. The entire area of each face within a
single, continuous perimeter, which encloses the extreme limits 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 ~s measured by increments of one foot. The perimeter does
not include trim or structural elements lying outside and below the
limits of a sign, and not forming an integral part of the dis 1a .
Tem orar si n. A P y
s7gn not permanently attached to a build-
ing, structure or the ground.
Trim. The moldings, batten, capping, nailing strips, lattic-
~ng and platforms which are attached to the sign structure.
U.S.C. Si ns. The 1985 Edition of the Uniform Sign Code as
published and copyrighted in 1985 by the International Conference
of Bui 1 di ng Officials, as adopted by the city.
v~ s~ on clearance area. A tri angul ar area of a corner 1 of at
the intersection of 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 length and co-
incide with the two front lot lines. The apex is located at the
intersection of the front lot lines, extended if necessary. The
base of the triangle extends diagonally across the corner of the
lot intersecting the two legs an equal distance from the apex.
wall si n. 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 p1 one paral 1 el to the plane of the wal 1 and ro-
. p
jecting not more than 12 inches for signs located more than ei ht
g
feet six inches above the sidewalk or grade line or not more than
four inches for signs located less than eight feet six inches
above the sidewalk or grade lines.
Ordinance - 4
Geographic Areas
5.65 Sin Standards b Geo ra hic Area. The amount of signage needed
far identification will depend an the nature of the predominant
traffic in the area; foot, automobile, or a combination of these. Since zon-
ing districts do not reflect this concept, sign regulations should not be tied
to zoning districts. It is necessary to protect residential neighborhoods
from the destruction of residential atmosphere that results from the glare and
confusion that many signs introduce,
raj only signs as prescribed in sections 5.630 to 5.656 are
permitted on a building or parcel located in the following dis-
tricts shown on a map entitled "Eugene, Oregon Sign District Map,
Part of the Eugene Sign Code," attached to and made apart of this
code, and as may be amended from time to time.
~ bj When a si ngl e 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 is mainly found in the
Eugene central business and retail district which is designated
Major Retail Center in the Metropolitan Area General Plan. Sign hei hts,
locations and d~ ~ ~ ~ ~ .g
mens~ons ~n this d~str~ct are based on the v~s~b~llty needs
of pedestrians and slow moving traffic. The fallowing signs shall be er-
m~ tied on ro erne ~ {f ~ p
~~ p p s located w~thln areas designated as Pedestrian-Auto D~s-
tr~ct on the Sign D~str~ct Map:
raj Si ns on bui 1 di n wal 1 s 1 ocated oral 1 el to the street
r0 ert lines.
~. Si n area. The total surface area of all faces of
all signs, except under marquee signs, shall be limited to
not more than 1.5 square feet for each lineal foot of street
frontage. Each wall of a building adjacent to a public street
shall be considered separately. Such signs may be wall signs,
projecting signs, marquee signs, roof signs or pole signs, or
a combination thereof. Regardless of the sign area per lineal
foot of street frontage allowed, each separate business estab-
lishment shall be permitted 50 square feet of sign surface
area, and the maximum allowable sign area for any one sign
shall not exceed 200 square feet of surface an any face.
a. Occu anc area. The first story occupancy shall
extend from the sidwalk or grade line to three feet above
the roof line at the wall line 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
shall extend to three feet above the second floor line.
The second and subsequent story occupancies shall extend
from three feet above the occupied story floor line to
three feet above the roof line at the wall line, or to
the tap of the parapet wall, whichever is 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 - 5
sign permit application in the manner prescribed by the
building official.
~. Projecting_,sign. One projecting sign, which shall
be entirely contained within the building occupancy area from
not less than eight feet above the sidewalk or grade line.
The surface area of a projecting sign sha11 be included in the
total allowable sign area as provided in subsection I, 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 faun feet two inches
with an additional four inches maximum provided for
anchorage of the sign to the building structure. A pro-
~ect~ng sign may not project within two feet of any curb
or dry veway 1 ~ ne .
b. A projecting 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-
v~ded ~n subsection ~a}~.b. above,
c. Projecting signs located at street intersec-
ts ans 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 dis-
tance to the building and the building frontage.
d. No projecting sign shall be erected within
20 feet of an adjacent wall or projecting sign measuring
from center to center of adjacent projecting signs or
from the center of a projecting sign to the edge of an
adjacent wall sign, if such signs are in the same hori-
zontal plane.
3, Mar uee si ns. Signs located under marquees shall
have a maximum projection of seven feet beyond the street
property line and shall be not less than eight feet 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 all other provisions of section 8.630 shall be
permitted.
4. Pole si ns, The maximum height for free-standing
pole signs shall be 20 feet above the sidewalk or grade line,
or to the height permitted fora building wall sign an the
same property, as specified in subsection ~a~I. above, which-
ever is higher.
5. Roof si ns. A roof sign shall be permitted wherever
a pale sign is 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 is not more than
one foot above the surface of the roof at the sign location.
6. Awnin si ns, Signs located on or under awnings shall
have a maximum projection of seven feet beyond the street
property line and shall be not less than eight feet above the
sidewalk or grade line. The surface area of signs on the face
of an awning shall be considered as part of the total sign
Ordinance - 6
surface area.
fib} Si ns on buildin snot adjacent to the street ro ert
1 i nes .
l . 5i gns for bui 1 di ng wall or property 1 i ne facing or
parallel to interior or nOn-street property lines shall have
the same permitted sign area as defined in subsection ~a}1.
above, with a maximum of two signs per building wall or sign
side. Signs may be flat-wa11 signs or projecting. Signs may
be free-standing pole signs with the area limitations apply-
ing to all signs.
2. Signs for property street frontage where the build-
ing wall is more than 15 feet from the street property line,
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 ~a}I. above. Each separate
building occupancy may have one free-standing sign for each
street frontage, which may project as specified in subsection
~a}~. above. inhere afree-standing pole sign is located on a
business location with more than 200 feet of continuous street
frontage on one street, a second free-standing sign, limited
to 50 square feet in sign area and ZO feet in height, is per-
mitted.
c S~ ns faro td us~ne
' _ u__ ,,oor merchandising b„_. sses. If not in
conflict with zoning prowis~ons of Chapter 9, or~~other provisions
of this code, and in addition to signage otherwise allowed by this
code, additional signs located on property used for outdoor mer-
chandising 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 located at least I5 feet from any
street property line and complying with all yard and special setts
back requirements of the zoning ordinance. The total surface area
area of all such additional signs shall not exceed 80 square feet.
8.635 Inte rated Sho in District. This district normally covers shoe-
ing center areas. These areas are generally designated either as
ne~ghborhoad or community commercial ~n the Metropolitan Area General Plan.
Another characteristic of these centers is common parking shared by the busi-
ness tenants. The standards imposed in this district are intended to allow
identification without undue intrusion of light and glare on adjacent resi-
dential properties. The following signs sha11 be permitted on properties
located within areas designated as "Integrated Shopping District" on the
Sign District Map:
~a} Primary sign. One primary sign on each development site,
for each street frontage, pale-mounted 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 one face, or 400
square feet in surface area for two or more faces.
fib} Mall si n.
1. One wall sign shall be allowed on each separate
Ordi Hance - 7
business occupancy. The surface area of such signs shall be
limited to not more than I.5 square feet for each lineal foot
of front building wall. Regardless of the sign area per lineal
foot of front bu~ld~ng wall allowed, each separate business
establishment shall be permitted 50 square feet of sign sur-
face area, and the maximum allowable sign area far any ane
sign shall not exceed 200 square feet of surface area on any
face. Interior mall businesses without exterior walls may
have one wall sign with a maximum surface area of 50 square
feet.
~. One additional wall sign shall be permitted an other
than front building walls. However, in na event shall 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 4b~I. above.
3. Occupancy area. The first story occupancy shall
extend from the sidewalk or grade line to three feet above
the roof line at the wall line, or to the top of the parapet
wall, whichever is higher. On buildings which are two or
more stories in height, the first story occupancy shall ex-
tend to three feet above the second floor. line. 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
line at the wall line, Or to the top of the parapet wall,
whichever is higher.
c} Mar uee s~ ns. One under marquee sign having a maximum
projection of seven feet, and not less than eight feet above the
sidewalk or grade line. For purposes of computing sign area, si ns
g
on faces of a marquee shall be considered as part of the total wall
sign surface area.
~d~ Outdoor merchandisin automobile service station, new
and used car lots, arden sho s, etc, If not in conflict with
zoning provisions of chapter g, ar other provisions of this code,
the following additional signs shall be permitted on property used
for outdoor merchandising:
1. One sign, not over 20 feet total height above grade,
roof or pole-mounted, located to comply with all yard and spe-
cial setback requirements of the zoning ordinance, Such signs
shall not have aver 40 square feet of surface area for one
face, ar 80 square feet of surface area for two or more faces.
2. additional signs totaling not more than 80 square
feet may be attached to the building structure, or may be list-
ed on one permanently installed sign structure, not over ten
feet total height above grade, and located at least 15 feet
from any street property line and complying with all yard and
special setback requirements of the zoning ordinance.
~e~ Reader boards. The fallowing additional provisions
shall apply to reader board signs.
I. Reader board signs shall not be over 40 square feet
total surface area.
2. Reader board signs shall be setback a minimum of
15 feet from the street property line.
Ordinance - 8
8.640 Outl in Commercial District. Areas in this district are usually
designated neighborhood or community commercial, or strip ar street-
or~ented commercial ~n the Metropolitan Area General P1 an. They are approach-
ed primarily by car at city arterial speeds. The businesses are not neces-
sarily under one management so all the regulations applied to the integrated
shopping district cannot be used. Projecting signs are allowed for each
business, but Wane is as large as the single primary sign for an rote rated
g
shopping center. The brightness, intensity and location standards in these
areas are intended to protect the surrounding residential areas. The follow-
ing signs shall be permitted on properties located within areas desi Hated as
g
"outlying Commercial District" on the Sign District Map:
~a} General. A11 signs shall be subject to the following
prov~s~ons:
1. No illumination shall be permitted which provides
more than five foot candles at any abutting residential dis-
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 light intensity or brightness will not be a nuisance, and
shall be turned off between 10:00 p.m. and 6:0o a.m.. Light-
ing from all light sources other than street lights and natur-
al 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~ght~ng shall be reduced as above at the close of business.
3. A11 signs shall be located to comply with all yard
and special setback requirements of the zoning ordinance.
4. Where only one of several separate businesses is on
a street frontage, or where two or more businesses elect to
use a single sign or locate their separate signs at a single
location, one s7gn, pole-mounted or roof-mounted, not over 20
feet ~n height shall be allowed in addition to the signs per-
mitted in section 8.64o~b} except that only one pole-mounted
sign for each development site for each street frontage is
allowed. Such signs shall not exceed 20o square feet in sur-
face area for one face and 400 square feet for two or more
faces far a single over-all sign for all businesses served or
40 square feet in surface area for one face and 80 square feet
for two ar more faces for each business if separate signs are
used at a si ng1 e location.
fib} Indoor businesses. The fo1lowin si ns shall be er-
g g p
matted:
1. One of the following signs on each separate business
occupancy, as allowed below:
a. One wall sign, the surface area of which shall
be limited to not more than 1.5 square feet far each
lineal foot of building wall. Each wall of a building
facing to a public street shall be considered separately.
Regardless of the sign area per lineal foot of building
wall allowed, each separate business establishment shall
Ordinance - 9
be permitted 50 square feet of sign surface area, and
the maximum allowable sign area far any one sign shall
nat exceed 200 square feet of surface area on any face.
b. One projecting or pole-mounted sign, not aver
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 40
square feet of surface area for one face, or 8o square
feet of total surface area for two or mare faces.
c. One raaf 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 raaf at the sign location.
2. Occu anc area. The first story occupancy shall
extend from the sidewalk or grade line to three feet above
the roof line at the wall line, or to the tap of the parapet
wall, whichever is higher. On buildings 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 raaf line
at the wall line or to the top of the parapet wall, whichever
is higher.
~c} Outdoor merchandising. If not in conflict with the zon-
ing provisions of chapter 9~..~ or other provisions of this code, the
following additional signs shall be permitted on property used for
outdoor merchandising:
~. One sign for each separate occupancy, roof, wall,
or pole-mounted, not over 20 feet total height above grade
and located to comply with all yard and special setback re-
quirements of the zoning ordinance. Such signs shall not have
over 44 square feet of surface area for one face, or 80 square
feet of surface area for two ar more faces.
2. Additional signs totaling not more than 8o square
feet may be attached to the building structure, or may be
listed on one separate, permanently installed sign structure,
not over ten feet total height above grade, and located at
least 5 feet from all property lines, and complying with all
yard and special setback requirements of the zoning ordinance.
~d} Reader board si ns. Reader board signs, not over 40
square feet total surface area shall be allowed, provided they are
set back a minimum of 15 feet from the street property line.
fie} Mar uee.,,signs. One under marquee sign having a maximum
pro~ect~on of seven feet, and not less that eight feet above the
sidewalk or grade line. Far purposes of computing sign area, signs
on faces of a marquee shall be considered as part of the total wall
sign surface area.
8.645 Hi hwa Oriented District. Areas in this district are usually
designated community commercial or strip or street-oriented com-
Ordinance - 10
mercial in the Metropolitan Area General Plan. Signs in this district are
oriented to automobiles traveling at higher speeds than those on 1oca1 or
collector streets. Higher signs are allowed in this district than in mast
others to make it easier for persons driving cars in this district to find
the businesses they seek. The following signs sha11 be permitted on proper-
t~es located w~th~n areas designated as "Highway Oriented District" on the
Sign District Map:
~a} A11 signs shall be located to comply with all yard and
special setback requirements of the zoning ordinance.
fib} ,Each separate business occupancy may have one primary
sign, This sign may be located within the first 15 feet of a
street property line, and shall be not more than 30 feet in total
height above grade. Such sign shall not exceed 10o 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. Up to five square
feet of the area of the primary sign may be a reader board sign.
Each tract may have one secondary sign not exceeding 32 square
feet of surface area.
~c} The total surface area of all Other signs, including
billboards on the property, shall not exceed three square feet for
each lineal foot of highway frontage. None of these signs shall
be higher than 3o feet above grade, nor located less than I5 feet
from any street property line.
~d} Wa11 signs shall not be larger than 20o square feet.
fie} The highway oriented district shall extend, unless other-
w~se shown on the Sign District Map, 200 feet from the center line
of the highway it faces.
~f} Billboards in the highway oriented district shall comply
with section 8,700.
fig} Reader boards, except as Hated in section 8.645~b}, shall
be located at least 15 feet from a street property line.
8.650 Industrial District. Areas in this district are usuall desi Hated
.y g.
industrial in the Metropolitan Area General Plan. Businesses ~n
this district often have minimal street frontage but they occu lar e sites.
Thus the standards ~ ~ ~ ~ py g
used ~n the commercial sign d~str~cts are not adequate
far Industrial signing. To account for these factors, one si n is allowed
far visibil it from g
y nearby highways and arterials, and additional sign area
~s based on bu~ld~ng perimeter rather than street frontage. The followin
signs shall be erm~tted on ro ~ ~ g
~~ p ~~ p perties located w~th~n areas designated as
Industrial D1str~ct on the Sign D~str~ct Map:
~a} General. A11 signs shall be located to comply with all
yard and special setback requirements of the zoning ordinance.
fib} Pole and, roof s~, nc~s. Each separate occupany may have
one pole ar roof-mounted sign, not more than 30 feet total hei ht
g
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 allowed on this property.
~c} Wall si n, The total surface area of all other wall
signs sha1~ be limited to not more than one square foot far each
Ordinance - 1I
lineal foot of building perimeter wall for each occupancy area,
The maximum size for wall signs is Z00 square feet.
~d} Billboards. Billboards as provided in section 8.700 of
this code.
fie} Reader board si ns. Reader board signs, not over 40
square feet total surface area shall be allowed, provided they are
set back a minimum of 15 feet from the street property line.
8.655 Residential District. Areas in this sign district are usually
designated for residential use in the Metropolitan Area General
Plan. The signing allowed reflects the primary residential character of
these areas, allowing only small signing for non-residential uses such as
small businesses and home occupations. The fallowing signs shall be permit-
ted on properties located within areas designated as "Residential District"
on the Sign District Map.
~ a} General . All signs within res i denti a1 areas shall be
subject to the following provisions:
1. Illumination at a property line abutting residential
properties resulting from all signs and lighting an any non-
residential use property, shall not exceed five foot candles
at a height of five feet. then a street intervenes between
residential property and any non-residential use property,
the i1lum~nat~on measurements just described shall be taken
at the curb line closest to the residential property,
Z. Lighting from all light sources other than street
lights and natural 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 mare
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 . Al 1 signs shat 1 be located to comply with all yard
and special setback requirements of the zoning ordinance.
Projection of signs into the required yards shall be permit-
ted as spec~f~ed ~n the zoning ordinance.
fib} Sin le, du lex and multi le Tamil dwel1in districts.
The following signs shall be allowed:
1. Each dwelling unit may have one wall sign not ex-
ceeding 1-1/Z square feet in surface area.
Z . Each mul ti p1 e farm 1 y dwel 1 i ng property shal 1 be
limited to one sign not exceeding 1Z square feet in surface
area. Such sign shall be either ground-mounted to extend not
more than five feet above grade, or may be a flat wall sign.
3. Subdivision si ns. The following signs shall be
permitted in conjunction with new subdivision development:
a. Signs, when located on the property to be im-
proved, may be single-faced, with a maximum surface area
of 64 square feet for the first one acre or fraction
thereof of such property, and may be increased in size
by 16 square feet of surface area for each additional
Ordinance - 1Z
gross platted acre of the property, to a maximum of 200
square feet of surface area. The maximum height of such
subdivision signs shall 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
shall not be erected until a formal application for
subdivision has been filed with the city. Said signs
may be maintained far a period of ane year from the date
of the erection of such sign, which date of erection
shall be reported to the building 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 ane year, provided the
sign is maintained in accordance with the provisions of
this code.
b. Signs not located on the subdivision property,
which are six square feet in area or less, may be allowed
for a period of 30 days, upon application to the building
offs c~ al .
~c~ Individual commercial establishments in residential
areas.
I. One wall sign shall be permitted for each operating
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 Si n District. Areas within this district are
located in transition locations 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 si n-
~n than erm~tted in the resi ~ ~ g
g p dental d~str~ct, yet s~gn~ng must be compat-
ible with the neighboring residential areas.
~a~ A1l signs within the professional-office district are
sub3ect to the following provisions:
I. Yard and setback requirements of the zoning ordi-
nance; and
2. Illumination requirements of section 5.655~a~1. and
2. of this code.
~b~ The following signs sha11 be permitted in the professional-
off~ce d~str~ct:
I. An individual business located within the profes-
sional-office district shall be permitted one free-standing
or wall mounted sign, not exceeding 32 square feet in surface
area. Free-standing signs shall have a maximum height of
eight feet above grade; wall signs shall have no height limi-
tation.
2. Multiple businesses occupying one building shall
be allowed one overall free-standing or wall-mounted sign with
a maximum surface area of 32 square feet. In addition, each
separate business occupancy shall be permitted one wall-mounted
sign, at a maximum size of I2 square feet in surface area; such
Ordinance - I3
sign to be located within the occupancy perimeter of the busi-
ness.
5.570 Miscellaneous Signs.
~1} ~~The following signs are exempted from the re uirements of this
q
code to obtain a permit:
~a} Tem orar si ns, Dne non-illuminated pole or wall tem-
porary sign not exceeding eight feet in height and 32 square feet
per face in area may be located on each tract of property. The
sign shall only be allowed far a total of 90 days and then shall
be removed,
fib} Public signs. A11 signs erected by a public officer in
the performance of a public duty.
~c} Traffic directin si ns. Non-illuminated signs erected
for the purpose of traffic or pedestrian direction, not exceeding
three square feet of surface area for each sign and one such sign
per entrance to any premises. Such signs on paved areas shall be
exempt from the size standards indicated above. A sign of not more
than 12 square feet of surface area, and not more than eight feet
in height, used only to identify and locate a service entrance or
service fac~l~ty, provided that such sign cannot project any fur-
ther than that allowed in the underlying sign district,
~d} Small non-illuminated si ns. Attached to a building up
to 12 square feet and not exceeding eight feet in height,
fie} Bus si ns. Non-illuminated signs attached to the exter-
iors of buses operated by amass transit district Organized under
ORS Chapter X57, 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 4,30 square inches.
~f} Institutional signs. Any sign of any public, charitable
or ref i gi ous i nsti tut~~ on~~~, when 1 ocated on the premises of such
institution, provided such sign shall not exceed 3~ 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.
fig} Conference and convention si ns, Hotels, motels, conven-
tion centers, and auditoriums may have one banner installed on the
building where an event is being held. 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, structure/wall mounted, and ma
be u to 120 s uare y
p q feet ~n surface area.
~2} A permit must be obtained for community event signs, but they
are exempted from the requirement to pay a fee. Community event signs, such
as banners, pennants, and similar signs which are in the public interest and
for which no practical alternative means of signage exists, may be located in
the right-of-way subject to a permit approved by the city mono er or the
g
manager's designee. Issuance of such a permit may be governed by administra-
tive rules adapted by the city manager under the procedures set out in section
3.012 of this code. Provided, however, the location and placement of these
signs shall be reviewed by the city sign inspector to ~1} avoid conflict with
traffic control signs and devices, ~2} avoid blocking other permanent si ns,
9
Ordinance - 14
and ~3} ensure safe construction and installation. These signs may be in-
stalled for a maximum of 28 days. These signs shall nat exceed 200 square
feet in surface area. A decision of the city manager or the manager's desig-
nee may be appealed to the hearings official in accordance with section 8.802
of this code.
~3} Painted wall decorations and painted wall highlights are nat
subject to the prov~s~ans of this code.
8.675 Roof si ns. Roof signs shall be permitted in all sign districts
where pole signs are permitted, subject to the maximum height
above grade as specified for pole signs. Such roof signs shall be mounted
s0 that the bottom of the roof sign is not more than one foot above the sur-
face of the roof at the. sign location.
8.685 I1luminatian. All signs and other illumination within the city
shal 1 be subject to the fol 1 owi ng restrictions upon i 11 umi nati on ;
~a~ Na exposed reflective type bulb, no strobe light ar incan-
descent lamp which exceeds 15 watts shall be used so as to expose
the face of the bulb, light or lamp to any public street; provided,
however, that existing strings of lights with exposed incandescent
1 i ght bulbs may be used as fal 1 ows
15 watts maximum for the first 25 feet from the street
property line.
5o watts maximum for the area from 25 feet to 50 feet
from the street property line.
100 watts maximum for the area more than 50 feet from the
street property line.
However, the total light intensity must still comply with the
illumination requirements and limitations of section 8.655~a~2;
and a reflective type lamp bulb may be used, if not exposed to
direct view from a public street, for the illumination of the sur-
face of a sign or facade of any building or structure or any dis-
play of landscaping feature.
~b~ No blinking or flash? ng 1 i ght or group of 1 i ghts shal l
be allowed as part of a sign unless such device conforms to the
following requirements:
1. Such device is constructed as an integral part of a
sign, and is not merely attached thereto.
2. The flashing impulse shall not exceed 25 flashes
per minute for single flashing segments of the sign, and 250
flashes per minute far bulbs with chasing and scintillating
actions. Only one of such actions shall be permitted on any
sign.
3. The brightness of bulbs within chasing or scintil-
lating actions shall not exceed 11 watts.
Ordinance - 15
Prohibited Si ns
5.690 Prohibited,,,Signs. No sign shall be constructed, erected or
mai nta~ned:
~a} Within the public right of way, except as installed by
duly constituted general purpose government.
fib} Which, by reason of its size, location, movement, content,
coloring or manner of illumination may be confused with or construed
as a traffic control device; or which hides from view any traffic
or street sign or signal.
~c} Which rotates or has a rotating or moving part or parts
that revolve at a speed in excess of five revolutions per minute.
Reader board signs shall not be allowed to rotate.
~d} Which consists of banners, flags, posters, pennants,
ribbons, sandwich boards, streamers, strings of light bulbs, spin-
ners, or elements creating sound or smell which are signs defined
by this code, except as permitted by section 5.6702}fib} and ~2}~c}
of this code.
.fie} Which would substantially obstruct the view of a sign on
ad~o~n~ng property when viewed from a distance of 200 feet at any
point four feet above the roadway grade of the traffic lane closest
to the street property line.
~f} Which is written upon, temporarily or permanently placed
upon or attached to a parked motor vehicle, mobile home or recrea-
tional vehicle with the primary purpose of providing a sign not
otherwise allowed by th7s code.
fig} ~s 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 as provided in chapter 9 of this
code.
Bi 1 l board Si ns
5.695 General . Bi 11 boards are only allowed a1 ong principal highways where
they can provide information 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
w~ th res~ dents a1 uses .
8.700 Re ulations. Billboards shall conform to the following regulations:
~a} Billboards shall comply with all yard and special setback
requirements of the zoning ordinance. Wherever there exists a con-
flict between the setback required by the zoning ordinance and that
required by this code, the greater setback shall be applied.
fib} Billboards shall comply with sections 8.690 to 5.845 in
addition to other sections specifically referred to in sections
8.700 to 8.705.
~c} Within the "Highway Oriented District", billboards shall
be permitted only on property abutting a highway creating the high-
way oriented designation. Within the "Industrial District", bill-
ordinance -- 16
shall be permitted only on the following streets north of 11th Ave-
nue -Garfield, Seneca, Obie and Bertelsen Road.
~d} No billboard shall be located less than 15 feet from the
front property line.
fie} 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 in any one-half mile of highway
oriented district highway frontage or on the streets named in sub-
section ~c} above.
fig} Billboards may be single-faced, double-faced or v-shaped
structures, except that each face in one direction shall be
counted as a separate billboard. Surface area of back-to-back
billboards shall be computed at 5o 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 lot with less than 100 lineal feet of high-
way frontage which therefore would not accomodate a standard bill-
board, may nonetheless have one billboard with 300 square feet maxi-
mum surface area, provided such lot has na other signs, except a
32 square foot maximum surface area temporary sign. Allowable sur-
face area for billboards shall in na event exceed the provisions of
subsection ~f} above.
Construction Re uirements and Fees
5.710 Ado Lion of Other Codes. The 1955 Edition of the Uniform Sign Code,
published and copyrighted in 1985 by the International Conference
of Bu~ld~ng Officials, 7s hereby adopted, except the following sections which
are hereby deleted: 103~c} and 103~d}; 203, 205, 201, 212 Portable Display
Surface and Projection; 213; 214 Signs; 217 wall Sign; 301 through 306 inclu-
sive; Tables 4-B and 4-C; Sections 403~e}; 501 through 503 inclusive; 603;
503; 903; 1003, 1103; 13o2~b}; 1401 and 1402; and all portions of this code
on file ~n 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 if fully set out herein. Sections 302 and 303 of the
1955 Edition of the Uniform Administrative Code are hereby adopted and shall
govern, to the extent consistent herewith, the application, issuance, valid-
ity, expiration and revocation of sign permits.
8.115 Permits and Re istration - Re ulations.
~1} A general sign contractor shall register with the building
official and shall submit documentation of experience and training in sign
construction, erection and repair or a related field of construction activY
ity.
~2} Any person who performs electrical work limited to servicing
electrical signs and outline light7ng is required to have a valid State of
Oregon Limited Journeyman Sign Electrician's license, shall be employed by
a licensed electrical contractor, and shall provide proof of compliance
Ord i nonce - 17
with the public liability and property damage insurance requirements of sec-
t~on 8.130 of this chapter.
~3} No person shall erect, construct, alter or relocate any sign,
unless a sign permit has been issued by the building official for same. A
separate permit shall be required for each sign. Application for a sign per-
m~t sha11 be made ~n wrlt~ng 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 building official shall require the filing of plans,
structural calculations and .such other pertinent information as required to
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 his/her own property for his/her own
use, provided the sign erection work is performed by such person or persons
regularly and directly under his/her employ.
~a} Structural desi n. Signs more than 20 feet in any dimen-
sion, or located more than 20 feet above grade, shall be structur-
ally designed, including their attachment to the building 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 bu~ld~ng official, conforming to this code.
fib} Other ermits. The permit required by this section
shall be separate from any permit required for electrical installa-
tions ar equipment to service such sign, as specified in the elec-
trical code.
~c} Com Hance. The building official shall not issue a
permit fora sign covered by application duly made, unless the sign
and its location is in compliance with the provisions of this code.
No permit issued hereunder may be assigned or transferred.
~d} Duration of ermit. If the sign authorized by a sign
permit is,not installed within 60 days after the date of issue,
such permit shall be void, except when larger signs require more
time to build and ~nsta]1, and evidence is shown that work is
progressing at normal rate.
8.720 Permits - Exce tions. The following signs and operations shall
not require a sign permit or fee, but shall conform to all other
applicable provisions of this code:
~a} The changing of the copy or message on a painted ar
printed sign or a billboard sign or on a theater marquee and similar
signs specifically designed for the use of replaceable copy.
fib} Painting, repainting, cleaning and normal maintenance,
and repair of a sign or sign structure, including electrical equip-
ment, unless a structural change is made.
8.725 Permits - Fees. For the purposes of enforcing this code, the
application for a sign permit shall be accompanied by a fee, as
fo11 ows:
~a} Si n construction fees for all signs shall be establish-
ed by the city manager as provided by section 2.020 of this code.
Ordinance - 18
The sign construction fee shall also apply as the annual permit
fee required in subsection ~c} below, which sha11 expire an the
following June 30.
fib} Double fee. where work far which a permit is required
by this code ~s started or proceeded with prior to obtaining a
permit, the fees above specified shall be doubled, but the payment
of such double fee shall not relieve any persons from fully com-
plying with the requirements of this code in the execution of the
work nor from any other penalties prescribed herein.
~c} Annual sin ermit fee. For all signs projecting on or
over public property, other than wa11 signs projecting less than
~~ inches aver public property, the business using the sign shall
pay a fee as established by the city manager in accordance with
section 2.020 of this code. The permit shall expire an June 30 of
each year.
8.130 Permits - Insurance. Every applicant for a permit to erect, alter
or maintain a sign which projects more than I2 inches aver public
property, shall file with the building official, copies of his/her public
liability and property damage insurance policies, which policies shall be
ma~nta~ned ~n full farce and effect during the duration that the sign remains
over public property. Public liability insurance sha11 not be less than
$IO0,000.00 for injuries, including accidental death, to any person, and
subject to the same limit for any person in an amount of nvt less than
$300,000.00 on account of one acccident and property damage insurance in an
amount of not 1 ess than $50, 000.00.
Ins ection and Maintenance
8.735 Ins ection. Signs for which a permit is required shall be inspect-
ed by the building official or designee for conformance with the
requirements of the Eugene Code, 191I.
5.140 Maintenance. A11 signs, together with all of their supports,
braces, guys, anchors and electrical equipment, shall be kept
fully operable, in good repair and maintained in safe condition and in a
neat, clean and attractive condition. The display surfaces of all signs
shall be kept neatly painted ar posted.
Nonconforming Signs
8.755 Existin Si ns.
~1} Except as otherwise provided in this section, 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.
~2} Annexed areas. Except as otherwise provided in section 8.765
Ordinance - 19
all signs in areas annexed to the city after September 9, 1965, which do not
conform to the provisions of this code, shall be regarded as nonconforming
signs, and may remain for five years from the date of annexation.
~3} Exce tions,
~a} 1f any sign is not conforming in height, area, projection
or setback in an amount of not more than 1o percent of the allow-
able dimension, the sign will not be required to conform to the
provisions of section 8.765.
fib} Freestanding signs in areas annexed to the city prior
to June 11, 1956, 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 to the height and
area of such signs. Any nonconforming sign which is structurally
altered, ref ocated or replaced shall immediately camel y with al 1
provisions of this code.
~c} Freestanding signs in areas annexed to the cit rior to
. yp
June 11, 1956, 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 to the height and
area of such signs. Any nonconforming sign which is structurally
altered, relocated or replaced sha11 immediately comply with all
provisions of this code.
Enforcement and Administration
8.195 Buildin Official to Enforce.
~1} The building official or designee is hereby authorized and
directed to enforce all of the provisions of this sign code.
~~} Notification of violation and Nonconformity. The building
official or designee shall notify in writing the applicant for a sign permit
of any violation of this code, who shall correct the violation of this code
within the time specified on the written notice. The building official or
designee shall notify the owner or lessee of any sign which is made noncon-
forming by the enactment of this code within one year of its enactment 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
is located sha11 be given s«r.h wr~ttPn nntira.
8.802 Si n Code - A eals.
~1} An,affected person may appeal to the hearings official from a
decision of the city manager, bud ding official, or their designee made pur-
suant to this sign code except fora decision made pursuant to sections
S.8o8 to 8.80. Such appeal sha11 be taken within IO days of the decision
by filing with the official whose decision is appealed, a notice of appeal,
specifying the grounds thereof. The official whose decision is being
appealed shall forthwith transmit to the hearings official all the papers
constituting the record upon which the action appealed from is taken.
~~} An appeal sha11 stay the action appealed from, unless the
Ordinance - 20
building official, city manager, or their designee certifies to the hearings
off ~ c~ al , after the nonce of appeal has ben filed with him/her, that by
reason of facts stated in the certificate, a stay would, in his/her opinion,
cause immediate harm to the public health, safety or welfare or to property;
in which case the action shall not be stayed otherwise than by a restraining
order, which may be granted by the hearings official or by a court having
jurisdiction of the matter.
Si n Code variance Procedures
8.803 Si n Cade Variance Procedure. The building official or designee
may grant sign code variances in accordance with the following pro-
cedures:
~a} Applicati_on. An application
shall be submi tted~~~ by the applicant i n
building division of the public works
fee set by the council.
fib} Notice, 1~ithin ten days of
accurate application, and at least ten
official or designee makes a decision,
mail notice of the request to abutting
pants, including properties that would
intervening streets ar alleys.
and related information
the manner prescribed by the
department, together with the
receipt of a complete and
days before the building
the building division shall
property owners and occu-
be abutting were it not for
8.804 Buildin Official Decision. Unless the applicant agrees to a
longer time period, the building official or designee shall approve,
conditionally approve, or deny a variance, with findings and conclusions
thereon, within 30 days of receipt of a complete 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-
tain of the regulations would result in practical difficulties and
unnecessary physical or economic hardships inconsistent with the
objectives of this code.
fib} A practical difficulty or unnecessary hardship may result
from:
1. The size, shape or dimensions of a site, the loca-
tions of existing structures thereon;
2. Geographic, topographic or other physical conditions
on the site or in the immediate vicinity, ar
3. Population densities, street locations or traffic
conditions in the immediate vicinity.
~c} An economic hardship is one which results from an indi-
vi dual i nabi 1 i ty 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 related to the cost, size or location of anew
sign, ar to the convenience of the applicant; nor is it intended
to extend to the convenience of regional or national businesses
who wish to use a standard sign, when those do not conform to the
Ordinance - 2
provisions of this code.
{d} If 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.
{e} The building official or designee sha11 mail a copy of
the decision to the applicant and persons who have requested a
copy on the date it is rendered.
{f} Unless appealed, a decision is effective on the I1th day
after it is rendered.
8.505 A eat.
{I} Building official or designee decisions and other buildin
off~c~a1 or desi nee decisions re ~ ~ ~ g
g lat~ng to ~nterpretat~on of this sign code
may be appealed to the hearings official within ten days of the decision or
~nterpretat~on, on a building division form. An appeal may be taken b the
a licant a erson adversel ~ ~
pp ~ p y affected by the dec~s~on, or a party entitled
to nat~ce, variance appeals sha11 state how the building or desi nee failed
to ra er1 evaluate the ~ ~ g •
,p p y proposed variance or make a dec~s~on with app1~cable.
criteria.
{~} Unless the applicant and appellant agree to a longer eriod
an a eat shall be considered ~ ~ .p '
pp at a hearing at which an opportunity ~s given
for anal arguments on the appeal within I5 days of its recei t, at least
ten da s ri or to ~ • ~ p
y p the hearing, the bu~1d~ng off~c~al or designee shall mail
notice thereof to the applicant, appellant, and persons who re nested a co
of the buildin offici q py
g al's or designee's decision.
{3} l~ithin ten days of the hearing, unless the applicant and
appellant agree to a longer period, the hearings official sha11 render a
decision and mail a copy thereof to the applicant, ap ellant and artier who
who have re ues ~ ~ ~ ~ p ~ ~ ~
q ted a copy. The hearings official s dec~s~on ~s final.
5.806 Ex iration. Unless actual construction or alteration has be un
g
. within one year, a variance approval terminates. However, riot
to ex ~rat~on the a 1~cant p
p ~ pp may request and the building official or
designee may extend approval far six month periods. The buildin official
or desi nee shall ne g
• g vet extend approval for more than two years from the
first effective approval date.
8.801 Com liance with Substitute Plan and Conditions of A rova1. If a
variance is granted subject to certain conditions, ar a substitute
plan, compliance with the conditions or the substitute plan is re uired.
De arture from a rov ~ ~ .q •
p pp al conditions or the substitute plan ~s a v~olat~on of
this code.
8.808 Enforcement - Notice and D ortunit to Com 1 .
{I} The building official or designee shall give written notice
of any v~olat~on of this code to the owner or lessee of the sign in uestion.
The notice shall st ~ q
ate the alleged v~olat~on and the relief sought.
{2} The sign owner or lessee shall have 10 days to execute and
deliver to the building official or designee an assurance of voluntary com-
ordinance - ~2
pliance. The assurance shall set forth what actions, if any, the sign owner
or lessee intends to take with respect to the alleged violation. The assur-
ance of voluntary compliance shall not be considered an admission of a viola-
tion for any purpose. Tf the building official or designee is satisfied
with the assurance of voluntary compliance, it may be submitted to the Muni-
cipal Court for 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 violation
or removal of the sign in a reasonable time and manner; or
fib} Which does not provide for restitution in specific
amounts to the city or to any person in cases involving any ascer-
tainable loss of money or property as a result of the alleged vio-
lation; or
~c} Which does not contain any provision, including but not
limited to the keeping of records, which the building official
reasonably believes to be necessary to insure the continued cessa-
ti on of the al 1 eged violation .
~4} violation 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.
8.809 Enforcement - Fi1in of Com laint; Tem orar Restrainin Order.
~1} After the expiration of 10 days from the date of notice iven
under section 8.808 of th ~ ~ ~ g
~s code, the bu~ld~ng off~c~al or designee may bring
suit in the name of the city in the Municipal Court to restrain the violation
or to seek a ci vi 1 penalty, or both.
~2} Tf the building official or designee alleges that he/she has
reason to believe that the delay caused by complying with the notice provi-
sions of section 8.808 of this code would cause immediate harm to the ublic
health safet or welfare or ~ ~ ~ .p
y to property, he/she may ~mmed~ately ~nst~tute a
suit under subsection ~7} of this section.
. ~3} A temporary restraining order may be granted without prior
notice to the sign owner ar lessee if the Municipal Court finds there is a
threat of immediate harm to the public health, safety ar welfare ar to ro -
ert . The court shall f' p p
y ~x a time not to exceed ten days after which the tem-
porary restraining order shall expire by its terms, unless within the time
fixed, a hearing is held and, for good cause shown, the court extends the
restraining order or provides for any other equitable relief.
8.8T0 Enforcement - Remedial Power of the Court. The Munici al Court is
em owered ~ ~ ~ ~ p
p to hear and determine v~olat7ons of this sign code. Tn
addition to any other penalty provided by law, the court is em owered to
p
issue any ~n0unction order ar judgment necessary to restore to any person any
money or property of which he/she was deprived by any violation of the sign
code, or necessary to insure cessation of the violation.
Ordinance - Z3
Amendments and Chan e in District Boundaries
8.813 A lication of Sections. Changes in sign district boundaries as
indicated on the Sign District Map, sha11 be made as provided in
in sections 8.815 to 5.850, except that changes in sign district boundaries
shall be considered automatically in conjunction with zoning district boun-
dary changes. Changes to the text of this sign code shall be made in the
same manner as zoning ordinance text amendments.
8.815 Initiation. A change in the boundaries of any sign district may
be initiated by the planning commission, city council, or the
owner of property w~th7n the area for which the change of district is
proposed.
S.S20 A lication, Fee, and Public Hearin Notice.
~1} A property owner proposing a change in sign district bound-
ar~es shall submit an appl~cat~on and related information fora change in
sign district boundaries in the manner prescribed by the planning depart-
ment. The application shall include:
~a} Name and address of applicant.
fib} Statement that the applicant is the owner of the
property for which the change in sign district boundary is
proposed, or his or her agent.
~c} Address and description of property,
~d} Reasons for which the change is being asked.
~2} The application shall be accompanied by a fee as set by the
council .
~3} At least ten days before the hearing, the planning department
shall mail a non ce thereof and information on the nature of the request to
the applicant, owners and occupants of the affected property, and owners and
occupants of property located within 300 feet of the perimeter of the subject
property. If the requested sign district change is from residential to any
other d~str~ct, the notice required hereunder shall be expanded to include
owners and occupants of property located within 500 feet of the perimeter of
the subject property. At least ten days prior to the hearing, the plannin
g
department shall also post notices of the nature of the request and the hear-
ing ~n at least three locations within Soo feet of the perimeter of the
subject property.
5.823 Decision and A eat Authorit . If a sign district boundary change
is for property proposed far annexation to the city, the planning
commission shall recommend a sign district designation to the council in con-
junction with the annexation, unless it denies the annexation. The city
council shall act on planning commission recommendations for city sign dis-
trict designations in conjunction with annexations an on appeals from commis-
sion denials. Except as otherwise provided in this section, the council
shall follow the procedures in Chapter 9 of this code far annexations when
considering sign district designations for properties also being considered
for annexation. If a sign district boundary change only includes property
Ordinance - 24
already in the city, it shall be approved, modified and approved, or denied
by the hearings official. The planning commission sha11 act on appeals from
decisions of the hearings official. Commission decisions are final. A11
final sign district boundary change decisions shall be by order which shall
mandate in relevant cases that the Sign District Map be amended to reflect
the allowed change of sign district.
8.825 Investi ation and Re ort. The planning department shall investigate
the facts bearing upon an application, prepare a report, and submit
it to the commission or hearings official for consideration, prior to, or at
the public hearing. A copy of the report shall be mailed or delivered to the
applicant at the time it is delivered to the commission or hearings official.
8.830 Public Hearin
~1} Unless the applicant agrees to a longer time period, within
45 days of receipt of a complete and accurate application, the commission
or hearings official shall hold a public hearing to consider the proposed
change ~n sign d~str7ct boundaries.
~2~ The commission ar hearings official shall review the application
and receive pertinent evidence and testimony as to why or how the proposed
change ~s consistent with the following criteria:
~a} The change will result in fair and equal treatment of
businesses ~n the area that are dependent on similar kinds of
traffic.
~b~ The change is consistent with the purpose and
descr~pt~an of the requested sign district.
8.835 Decision.
~~~ Within ten days following the public hearing, unless a post-
ment is agreed to by the applicant, the commission or hearings official
shall approve, modify and approve, or deny the application by entry of an
order with findings and conclusions based an the criteria in section 8.830.
~2~ On the day after the commission or hearings official makes
a dec~s~on, the planning department shall mail a copy of the decision to
the applicant and parties who requested a copy.
~3~ Unless appealed, the decision is final on the eleventh day
after ~t ~s entered,
8,540 A eals. Within ten days of a decision, it may be appealed by
the applicant, an adversely affected person, or a party entitled
to notice. The appeal shall be on a planning department form, shall be based
on the record, and must state specifically how the commission or hearings
official failed to properly evaluate the proposed sign district boundary
change or make a decision consistent with the criteria for approval. The
planning department shall provide the commission or council with the record.
8.845 A eat Notice and Action.
~1} Unless the applicant and appellant agree to a longer period,
Ordinance - 25
the commission shall hold a hearing to allow oral arguments on anappeal
from a hearings official decision within 30 days of its receipt. The council
shal 1 hold a publ i c hearing to al 1 aw oral argument on an appeal from a
planning comm~ss~on decision within 40 days of its receipt. At least ten days
prior to the hearing the planning department shall mail notice thereof to the
applicant, appellant, and persons who requested notice of the previous
decision.
~2} Unless the applicant and appellant agree to a longer period,
the comm~ss~on ar council shall make a decision within ~5 days of the hear-
ing. The council may, by order, with findings and conclusions therein,
affirm, reverse, or modify the planning commission's decision. The commis-
sion may, by order, with findings and conclusions therein, affirm, reverse,
ar modify the hearings official's decision. When a decision is reversed or
modified, the commission or council shall make findings of fact based on
required criteria as to why the previaus decision was in error. The deci-
sion on the appeal shall be agreed to by a majority of the members present
at the hear? ng. A t~ e p1 ann~ ng commission vote shal 1 result i n affirming
the previous decision of the hearings official.
~~} The planning department shall mail a notice of the decision
to the applicant, appellant, and parties who have requested a copy.
8.859 Limitations on Renewal or Refi1in of A lication. When an
application has been denied, no new application for the same
purpose shall be filed within vne year of the date of the previaus denial,
unless the hearings official or planning commmission, for a good cause,
grants perm~ss~on to file anew application.
5.855 Conflict and Severabilit .
~} In any case where a provision of this code is found to be in
conflict with a provision of any zoning, building, fire, safety or health
ordinance or code ex~st~ng on September 9, ~9G5, the provision which estab-
lishes the higher standard for the promotion and protection of the health
and safety of the people shall prevail. ~n any case where a provision of
this code is found to be in conflict with a provision of any other ordinance
or code of the city existing on September 9, X965, which establishes a lower
standard for the promotion and protection of the health and safety of the
people, the prov~s~ons of this code shall be deemed to prevail, and all
other ordinances or caries are declared to be repealed to the extent that
they may be found in 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 shall not affect the remaining portions of this code, which
sha]1 remain in full force and effect; and to this end the provisions of
this code are hereby declared to be severable.
Section Z. The City Recorder, at the request of, ar with the concurrence
of the City Attorney, is authorized to administratively correct any reference
errors contained herein or in other provisions of the Eugene Code, ~97I, to
the provisions amended, added or repealed herein.
Ordinance - 2G
Section 3. The provisions of Section 8.83 of the Eugene Code, I971
requiring action by the Planning Commission, are waived.
Section 4, That the matters contained herein concern the public health,
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,
X988
CiP,c~.s~.E.t.~ ~r~%~I~~
Approved by the ri this
z7~ day of 1988
~~-.~
ordinance - ~7
Passed by the City~,Council this