HomeMy WebLinkAboutItem A: Amendments to Eugene Sign Code
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Work Session: Amendments to Eugene Sign Code
Meeting Date: October 24, 2012 Agenda Item Number: A
Departments: City Attorney’s Office Staff Contact: Jerry Lidz
www.eugene-or.gov Contact Telephone Number: 541-682-8447
ISSUE STATEMENT
The City Council will hold its second work session on proposed amendments to the City’s Sign Code,
EC 9.6600 to 9.6680. The amendments would consolidate several exemptions from the permit
requirements, set size limits for exempt signs and specify a time limit for the City to act on a sign permit
application.
BACKGROUND
Impetus for amendments. Eugene’s Sign Code generally requires a property owner to obtain a permit to
install a sign on the person’s property. The code contains 24 exemptions from that requirement – for
example: addresses, murals, parking lot signs, public signs. Last year, the American Civil Liberties
Union (ACLU) notified the City that, in the ACLU’s opinion, some of the exemptions were based on the
signs’ content and therefore unconstitutional. In addition, the ACLU expressed concern that the lack of
a deadline for City staff to process a sign permit application could, theoretically, allow the City to
discriminate against signs with a disfavored message by delaying action on the application.
Although the City Attorney’s Office disagreed with those contentions, neither the City Attorney nor
planning staff was committed to the current code’s approach to the exemptions. Discussions with the
ACLU have resulted in a proposal that addresses the ACLU’s concerns without impairing the City’s
ability to protect public safety and prevent unregulated proliferation of signs. The ACLU has agreed
that, with the proposed amendments, the sign code would not violate the state or federal constitution.
The draft amendments address the specific concerns raised by the ACLU and are not a general revision
of the Sign Code.
Draft ordinance. The proposed amendments to the Sign Code would:
1.Eliminate the specific exemptions for conference and convention banners, contractor signs, flags,
real estate signs and temporary activity signs. Instead, there would be two general exemptions: (a)
on a property used for a single-family residence or a duplex -- two freestanding signs or banners, or
one of each; and (b) on all other properties -- one freestanding sign or banner. (A “banner” is a sign
made of non-rigid material that is not enclosed by a frame; a flag is one kind of banner.) Each of
those signs could not exceed 12 square feet. The “exemption” means those signs are exempt from
permit and fee requirements.
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(The reason for allowing two exempt signs on residential properties and only one on properties used
for commercial, industrial or other purposes is that a range of signs are already available by permit
in commercial and industrial zones. The size of the exempt signs –12 square feet– in the proposed
ordinance is the same as the current Sign Code’s exemptions for “signs during elections” and “real
estate signs.” The proposed amendments would retain the first of those exemptions but replace the
latter.)
2.Make some minor wording changes to some of the other exemptions to make it clear that they are
not based on the sign’s content.
3.Require the City to act on a sign permit application within three weeks of receipt of a complete
application.
Because the Sign Code is in Chapter 9, consideration of the amendments follows Land Use Code
amendment procedures. The City Council initiated the code amendment process at its May 29 meeting.
The Planning Commission held a public hearing and deliberated on the proposed amendments on June
19. The City Council previously held a work session on July 11 and a public hearing on July 23, 2012.
The discussion at the July 11 work session focused on the size of the exempt signs described in
paragraph #1 above, especially on residential properties. The council expressed its hope that members
of the public would address that subject at the July 23 public hearing. Should the maximum size of
these residential signs be 12 square feet, nine square feet, six square feet or some other size? Also,
should the maximum be different for a free-standing sign than for a banner/flag?
At the July 23 hearing, four people testified. Two representatives from the ACLU testified in support of
the proposed size – up to 12 square feet – of the exempt signs in the draft ordinance. One of those
witnesses expressed concern that 12 square feet is smaller than the typical size of a United States flag,
which is 3 x 5 feet, and stated that the ACLU would support increasing the allowable size of exempt
signs to 15 square feet. The ACLU opposes limiting the size to anything less than 12 square feet. A
third witness, a commercial property owner, expressed his opinion that the City had no right to regulate
a non-hazardous sign that expressed a political, non-commercial opinion. In his view, the Sign Code
should allow more than one exempt sign on commercial property (in addition to others allowed by
permit), and the exempt signs should not be limited to 12 square feet. A fourth witness supported an
exemption for signs 12 square feet or even larger.
RELATED CITY POLICIES
The City’s Sign Code is in EC 9.6600 to 9.6680. EC 9.6600 describes the purposes of the Sign Code;
EC 9.6610 contains the exemptions that are the primary subject of the proposed amendments.
The Sign Code is part of the City’s Land Use Code; the proposed amendments are “Type V”
amendments, so the procedures and criteria for legislative amendments apply. The amendments must be
consistent with applicable statewide planning goals and with the applicable provisions of the Metro
Plan. To the limited extent those criteria are relevant to the proposed amendments, they are addressed in
draft findings in Attachment B.
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COUNCIL OPTIONS
This is a work session at which the council may give direction to the City Manager about further
changes to the draft ordinance.
Options on the specific topics discussed at the July work session and public hearing are:
1.Adopt the number of exemptions (two for single-family or duplex residential properties, one for
others), types of signs (freestanding signs or banners) and maximum size (12 square feet)
allowed for exempt signs under the draft ordinance.
2.Increase the allowable size of exempt banners to 15 square feet to accommodate flags, while
retaining the proposed size limit for an exempt freestanding sign at 12 square feet.
3.Set the allowable size at something less than 12 square feet.
4.Limit the number of exempt signs on residential properties to one.
5.Some combination of the above options
CITY MANAGER’S RECOMMENDATION
None.
SUGGESTED MOTION
None. Final action is scheduled for November 26, 2012. If the council would like amendments to the
proposed ordinance, it would be helpful to get direction at this work session.
ATTACHMENTS
A.Draft ordinance
B.Draft findings
FOR MORE INFORMATION
Staff Contact: Jerry Lidz
Telephone: 541-682-8447
Staff E-Mail: jerry.lidz@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. ________
AN ORDINANCE CONCERNING SIGN STANDARDS AND AMENDING
SECTIONS 9.0500, 9.6610, 9.6615 AND 9.6630 OF THE EUGENE CODE,
1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 9.0500 of the Eugene Code, 1971, is amended by deleting the
definition of “Flag.”
9.0500 Definitions
. As used in this land use code, unless the context requires otherwise,
the following words and phrases mean:
Flag
[. The official flag or banner of any governmental entity.]
Section 2.
Sections 9.6610, 9.6615 and 9.6630 of the Eugene Code, 1971, are
amended to provide as follows:
9.6610 Exemptions to Sign Standards.
(1) Use of the signs listed in subsection (2) of this section does not affect
the number or types of signs otherwise allowed under EC 9.6000
through 9.6680 of this land use code.
(1)
2 Except as provided in subsection [(2)] (3) of this section, the following signs
are exempt from the requirements of EC 9.6600 through 9.6680, and are
exempt from the requirement to obtain a sign permit if they are located on
private property outside of vision clearance areas:
Addresses. Number and street name of any size. (Addresses are regulated
per EC 8.005(21) Numbering of Structures and Premises and Fire Code
901.4.4 Premise Identification.)
Banners. One banner, not to exceed 32 square feet in size, may be
installed on the exterior wall of a hotel, motel, convention center or
auditorium in lieu of the freestanding sign exempt under this section.
[Conference and Convention Banners. One banner may be installed on the
exterior wall of a hotel, motel, convention center or auditorium where an event
is being held. The banner may be installed up to 7 days before the event and
may remain in place up to 3 days after the event. It shall be a flat wall
mounted sign, and may be up to 120 square feet in surface area.
Contractor Signs. One sign per contractor while a development permit is
active and work is proceeding on the premises.
Flags. Up to 3 flags may be flown or displayed on each development site.]
Ordinance - Page 1 of 5
ATTACHMENT A
Hand Held Signs. Hand carried signs of 9 square feet or less in area, worn or
carried by an individual.
Historical Agency Plaques. Plaques or historical markers placed by historical
agencies or organizations recognized by the city.
Message Boards. One sign per business for the purpose of communicating to
persons on the development site, such as a drive through menu sign or
building directory. Such a sign may be up to 6 feet in height and up to 40
square feet in area.
Murals. Painted wall highlights, wall decorations and other murals.
Non-Residential Property Signs. One freestanding sign or banner for
each development site that is not used primarily for a single family
dwelling or duplex. The sign may not exceed 12 square feet in size per
face. The maximum height of a freestanding signunder this exemption
is 6 feet.
Parking Lot Signs. Signs up to 3 square feet in area and up to 5 feet in height
constructed or placed within a parking lot for the purpose of directing traffic,
parking, and towing. (Towing signs are regulated per EC 5.540 Signs
Required for Parking Facilities Before Citing or Towing Unauthorized
Vehicles.)
Public Signs. 1) Signs constructed or placed in a public right-of-way by or with
the approval of a governmental agency having legal control or ownership over
the right-of-way; 2) Signs owned or constructed under the direction or
authorization of the city, including, but not limited to, signs installed within
parks and at natural resource areas within the NR Natural Resource Zone and
PRO Parks, Recreation and Open Space Zone to account for entrances, trail
signs, and markers; and 3) Signs placed by a public utility for the purpose of
providing information concerning a pole, line, pipe or other facility belonging to
the public utility.
[Real Estate Signs. One sign per street frontage, 12 square feet or less in
area, located on the development site while the property is for sale or lease.]
Residential Property Signs. Two signs for each development site used
primarily for a single family dwelling or duplex. The signs are limited to
the following types: freestanding sign or banner. Each sign may not
exceed 12 square feet in size per face,with a maximum of two faces.
The maximum height of a freestanding sign under this exemption is 6
feet, and it must be separated by at least 8 feet from any other
freestanding sign on the same development site.
[Holiday] Seasonal Decorations. [Holiday l]Lights and decorations in place
during the period between November 15 and January 15.
Signs During Elections. Signs 12 square feet or less in area, located on
Ordinance - Page 2 of 5
ATTACHMENT A
private property during the period from 60 days before to 5 days after any
public election to be held in Lane County, Oregon.
Signs on Historic Property [Signs]. Signs constructed or maintained on
historic property, as defined in this land use code, which signs are otherwise
subject to regulation because of their location on historic property.
Stadium Signs. Signs located within a sports stadium which are intended for
viewing primarily by persons within such stadium, where the stadium is
enclosed by a site obscuring fence or wall at least 6 feet in height.
[Temporary Activities Signs. Signs located on the lot where the temporary
activity is occurring and which are not in vision clearance areas or the public
right of way.]
Traffic Directing Signs. The owner or lessor of private property may construct
1 sign at each entrance to the property and at each entrance to a building on
the property for the purpose of providing direction to vehicular or pedestrian
traffic. Except for signs painted on paved surfaces, each sign shall not
exceed 3 square feet of surface area and shall be no more than 30 inches in
height, if located in a vision clearance triangle as defined in EC 9.6780 Vision
Clearance Area. If the sign is located outside a vision clearance triangle, then
the sign shall be no more than 5 feet in height.
Transit Signs. Signs identifying transit stops, facilities, and bus routes only.
Transit signs shall not include commercial advertising at bus stops or on
transit-oriented street furnishings.
Vehicular Signs. Any sign permanently or temporarily placed on or attached
to a motor vehicle, where the vehicle is used in the regular course of business
for purposes other than the display of signs, except taxis whose signage is
regulated by EC 3.345 Public Passenger Vehicle Services - License and/or
Permit Required.
Vending in Downtown Activity Area.Signs, including portable signs, for
activities authorized by Downtown Activity permits issued [per] for private
commerce on public property [(Administrative Rule R-3.336)].
Vending Machine Signs. Any sign which forms an integral part of a machine
used to dispense goods to consumers.
Wall Signs, Small. Wall signs with no interior illumination, a surface area of 6
square feet or less and which are 8 feet or less above grade, intended for
persons already on the development site.
Warning Signs. Any public notice or warning required by a valid and
applicable federal, state or local law, regulation, or ordinance, and emergency
warning signs erected by a governmental agency, utility company or a
contractor doing authorized or permitted work within a public right-of-way.
[Use of the signs listed in this subsection does not affect the number or type of
Ordinance - Page 3 of 5
ATTACHMENT A
signage otherwise allowed under EC 9.6000 through 9.6680 of this land use
code.]
(2)
3 No sign is exempt from the provisions of:
(a) EC 9.6615 Prohibited Signs,
(b) EC 9.6620 Nonconforming Signs, or
(c) EC 9.6640 General Provisions,
unless specifically exempted under one of those provisions.
9.6615 Prohibited Signs.
Except where qualified as a nonconforming sign, the following
signs are unlawful and are declared to be nuisances:
(1)
Any sign constructed or maintained which, by reason of its size, location,
movement, coloring or manner of illumination may be confused with or
construed as a traffic control device or which hides from view any traffic
control device.
(2)
Any sign written or placed upon or within a motor vehicle with the primary
purpose of providing a sign not otherwise allowed by the sign standards.
(3)
Any sign constructed, maintained or altered in a manner not in compliance
with the sign standards.
(4)
Balloons and banners (pursuant to EC 9.6605 Reconciliation, [flags,
conference and convention] banners[,] exempt under EC 9.6610(2) and signs
permitted as public signs are not included within this prohibition);
(5)
Decorative laser signs, search lights, and flashing signs, except electronic
message centers;
(6)
Inflatable signs other than balloons;
(7)
Portable signs, except as authorized by a permit within the Downtown Activity
Zone and warning signs as permitted by EC 9.6605 Reconciliation;
(8)
Strings of lights not permanently mounted to a rigid background or otherwise
qualified as [holiday] seasonal decorations; and
(9)
Signs in the public right-of-way not authorized by a governmental agency.
9.6630 Permit Application.
(1)
An application and related information shall be submitted by the applicant, in a
manner prescribed by the city, together with a fee established by the city
manager as provided by EC 2.020 City Manager - Authority to Set Fees and
Charges. When a person begins construction of a sign requiring a sign permit
before the permit is issued, the permit fee shall be doubled. Payment of a
double permit fee shall not otherwise exempt the person from liability for other
penalties prescribed for a violation of the sign standards.
(2)
No application shall be considered, nor a permit issued until the applicant has
submitted a complete application, including a set of plans for the proposed
sign and structural calculations where required. A complete application shall
be an application where all required information is provided to allow the city to
make a determination on the application. If a sign permit application is not
determined complete by the city within 180 days of submittal, it shall expire.
(3) The city shall grant or deny a sign permit application within 21 calendar
days following receipt of a complete application.
(3)
4 When required, the applicant shall submit proof that work will be done by a
contractor licensed in compliance with local or state law to perform the
specialized tasks required for construction of the proposed sign.
Ordinance - Page 4 of 5
ATTACHMENT A
Section 3.
The findings set forth in Exhibit A attached to this Ordinance are adopted as
findings in support of this Ordinance.
Section 4.
The City Recorder, at the request of, or 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, 1971, to the provisions added, amended or repealed
herein.
Section 5.
If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
Passed by the City Council this Approved by the Mayor this
___ day of _______________, 2012 ____ day of _______________, 2012
____________________________ _____________________________
City Recorder Mayor
Ordinance - Page 5 of 5