Lake Oswego City Code

Chapter 47 SIGN CODE

Article 47.02 Repealed.

Section 47.02.005 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.010 Repealed.

Section 47.02.015 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.020 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.025 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.030 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.035 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.040 Repealed. Ord. No. 1921, 07/02/85.

Section 47.02.050 Repealed. Ord. No. 1921, 07/02/85.

Section 47.02.060 Repealed. Ord. No. 1921, 07/02/85.

Section 47.02.070 Repealed. Ord. No. 1921, 07/02/85.

Section 47.02.080 Repealed. Ord. No. 1921, 07/02/85.

Section 47.02.090 Repealed. Ord. No. 1921, 07/02/85.

Section 47.02.100 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.105 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.110 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.115 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.120 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.125 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.130 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.135 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.140 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.145 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.150 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.160 Repealed. Ord. No. 1921, 07/02/85.

Section 47.02.170 Repealed. Ord. No. 1921, 07/02/85.

Section 47.02.180 Repealed. Ord. No. 1921, 07/02/85.

Section 47.02.190 Repealed. Ord. No. 1921, 07/02/85.

Section 47.02.200 Repealed. Ord. No. 2085, 01/04/94.

Section 47.02.210 through 47.02.970. Repealed. Ord. No. 1921, 07/02/85.

Article 47.03 In General.

Section 47.03.005 Title.

This chapter is entitled "Sign Code of the City of Lake Oswego".

(Ord. No. 1921, Sec. 1; 07-02-85. Ord. No. 2085, Enacted, 01/04/94)

Section 47.03.010 Purpose.

The City Council finds that to protect the health, safety, property and welfare of the public, to provide the neat, clean, orderly and attractive appearance of the community, to improve the effectiveness of signs, to provide for safe construction, location, erection, and maintenance of signs, to prevent proliferation of signs and sign clutter, and to minimize adverse visual safety factors to travelers on public highways and on private areas open to public travel, it is necessary to regulate the design, quality of materials, construction, location, electrification, illumination and maintenance of signs visible from public property, public rights-of-way and private areas open to public vehicular travel.

This chapter shall be construed to carry out the above-stated purpose, but shall not be construed to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other City Code provisions or other applicable law.

(Ord. No. 789, Sec. 1; 12-05-61. Ord. No. 1921, Sec. 2; 7-02-85. Ord. No. 2085, Enacted, 01/04/94)

Section 47.03.015 Definitions.

For the purpose of this chapter certain terms and words are defined as follows: the words "used for" include "designed for" and vice-versa; words used in the present tense include the future, the singular tense include the plural and vice-versa; the word "shall" is always mandatory; the word "may" is discretionary; the masculine gender includes the feminine gender, except as otherwise provided. The definitions in LOC 50.02.005, apply to this chapter to the extent that they do not conflict. The following terms shall mean:

Abandoned Sign. A sign associated with the use of a property which has ceased for a period of at least six months.

Accessory Signs. Signage which is an integral part of outdoor accessory or display structures or uses allowed by City code.

Alter. Any change to a sign excluding change of copy or maintenance - when there is no change of use, or occupancy or ownership.

Architectural Detail. Elements of building design commonly used in Lake Oswego building styles, including the Arts and Crafts, English Tudor and the Oregon Rustic Styles. (See photos and descriptions in Lake Oswego Community Development Code, LOC Article 50.65 (Downtown Redevelopment District Design Standards), Appendix 50.65-A).

Awning. A shelter supported entirely from the exterior wall of a building and composed of nonrigid materials except for supporting framework.

Backlighting, "backlighted", and "backlit". Includes cabinet signs, "Channelhume" (plastic lighted letters), neon lighted letters, and individual letters on awnings and canopies.
Balloon Signs. A sign consisting of a membrane that relies on internal gaseous pressure or a semirigid framework for maintaining its form.

Banners. Nonrigid material secured or mounted so as to allow movement caused by the wind.

Blade Sign. A sign hung from a canopy or awning perpendicular to the direction of pedestrian movement.

Canopy. A nonmovable roof-like structure attached to a building.

Change of Copy. The change of logo and/or message upon the face or faces of a legal sign.

Commercial Zones. Commercial Zones shall mean the CR&D, EC, GC, HC, MC, NC, OC/R-2.5, OC, OC/NC and R-2.5/W zones as described and established in the Lake Oswego Community Development Code.

Complex Sign. A sign which is located at a street intersection or principle access to a multi-building complex.

Cornice. The horizontal element in the elevation of a building demarcating the difference between the pedestrian oriented level on street (characterized by entrances, shops, service space, loading areas and lobbies) and office/residential use on levels above.

Erect. To build, construct, attach, place, suspend, or affix, including the painting of a wall sign.

Facing or Surface. The surface of a sign upon, against, or through which the message is displayed or illustrated.

Free Standing Sign. Any ground mounted, pole or monument sign supported by one or more uprights or braces placed upon the ground, and not attached to any building.

Frontage Business. A business that has building wall exposure to a street or area open to public travel. Frontage may include streets, alleys, driveways, easements, or parking aisles.
Indirectly Lighted Sign. A sign with a source of illumination which is intended to light the sign, but which is not attached to the sign, its trim or support. Interior or exterior lighting which incidentally illuminates the sign is not considered indirect lighting.

Industrial Zones. Industrial Zones shall mean the I and IP zones as described and established by the Lake Oswego Community Development Code.

Maintenance. The replacing or repairing of a part or portion of a sign made unusable by ordinary wear, or damaged beyond the control of the owner or the replacing of existing copy without changing the composition or color of the copy.

Monument Sign. A sign which is affixed to a base which is no more than 30 inches above the nearest ground surface.

Non-conforming Sign. Non-conforming signs are those signs which were lawfully installed which do not comply with the requirements of this sign code.

Overhanging Sign. A sign which is attached perpendicular to a building wall and hangs out over the public right-of-way or any private area subject to pedestrian travel.

Pennants. Strings of small flags.

Permanent Sign. Any legally placed sign which is intended to be and is so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall or building.

Pole Sign. A free standing sign erected on one or more supports which are more than 30 inches above the adjacent ground surface.

Portable Sign. A temporary sign which is capable of being moved easily and is not affixed to the ground or a structure.

Public Sign. A sign erected and maintained by a public agency within the right-of-way of a street or alley.

Residential Zones. Residential Zones shall mean the R-0, R-2, R-2.5, R-3, R-5, R-6, R-7.5, R-10, R-15, DD and WR zones as described and established by the Lake Oswego Community Development Code.

Roof Line. The ridge on a gable or peaked roof, the parapet or fascia of a flat roof. A mansard roof is considered as a gable roof for the purpose of this definition.

Roof Sign. Any sign erected upon or over the roof of any building with the principal sign support on the roof structure.

Sign. A device, structure, or fixture which incorporates graphics, symbols, or written copy visible to the public, including those devices, structures or fixtures which are behind windows or building openings, which are intended to communicate information. Graphics, art work and seasonal decorations which do not relate to the use of a site or structure are not considered signs.

Sign Band. A continuous painted, attached or structurally internal linear area for the placement of signs extending along one or more sides of a structure located between the windows and the parapet on a one story building with a flat roof and at or below the fascia on a one story building with a pitched roof. On a multistory building it shall be located above the windows and below the second story line.

Sign Height. The vertical distance from the lowest point of the adjacent grade below the sign to the highest part of the sign.

Temporary Sign. Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other like materials, with or without frames, and any other type sign not permanently attached to the ground, or a structure, intended to be displayed for a short period of time only.

Wall Sign. A sign attached to, erected against or painted on a wall of a structure, with the exposed face of the sign projecting twelve (12) inches or less, with the exception of awnings and canopies which may project more than twelve (12) inches. Sign bands are not wall signs. Window signs that are permanently attached to the outside of a window are wall signs.

Wind Sign. Signage which is an integral part of a device intended to more or operate by the action of the wind such as a wind sock or pin wheel.

(Ord. No. 1921, Sec. 3; 07-02-85. Ord. No. 2085, Enacted, 01/04/94)

(Ord. 2310, Amended, 05/14/2002, Prior Text; Ord. 2316, Amended, 03/05/2002, Prior Text; Ord. 2225, Amended, 02/01/2000, Prior Text)

Section 47.03.025 Penalties, Nuisance.

1. A person commits a civil violation if they;

a. Fail to comply with or violate any provision of this chapter; or,

b. Develop or maintain a sign contrary to the terms of a sign permit.

2. A sign which fails to comply with or violates any provision of this chapter, or is developed or maintained contrary to the terms of a sign permit is hereby declared to be unlawful and a public nuisance and may be abated by appropriate proceedings.

(Ord. No. 789, Sec. 3; 12-05-61. Ord. No. 841, Sec. 1; 06-19-62. Ord. No. 1921, Sec. 6; 07-02-85. Ord. No. 2085, Enacted, 01/04/94)

(Ord. 2225, Amended, 02/01/2000, Prior Text)

Section 47.03.030 Area of Signs.

Sign area includes the area within a perimeter enclosing the limits of lettering, writing, representation, emblem, figure, character and lighted surface, but excluding essential sign structure, foundations or supports. For a multiple-face (more than two sided) sign, the sign area shall be the total of all faces. If the sign consists of more than one section or module, all areas will be totaled. For a double-faced sign in a single cabinet, the allowed area shall be the dimension of the cabinet, not the total of the area of message. See Table 47-1 and Table 47-2.

(Ord. No. 1921, Sec. 7; 07-02-85. Ord. No. 2085, Enacted, 01/04/94)

Section 47.03.030.1 Table 47-1.

Table 47-1

(LOC 47.03.030)

(Ord. No. 1921, Sec 7; 07/02/85; Ord. No. 2085, 01/04/94.)

Section 47.03.030.2 Table 47-2.

Table 47-2

(LOC 47.03.030)

(Ord. No. 1921, Sec 7; 07/02/85; Ord. No. 2085, 01/04/94.)

Article 47.04 Non-Conforming, Exempt and Prohibited Signs Generally and Unlawful Signs in the EC Zone.

Section 47.04.100 Non-Conforming Signs in all zones, except in the EC Zones.

1. A non-conforming sign in all zones other than the EC zone as described and established by the Lake Oswego Community Development Code may be maintained or undergo a change of copy without complying with the requirements of this chapter, with the exception that any change for a new business or use or any changes in a wall sign which is painted on a structure will comply with this chapter at such time as change in copy or alteration occurs.

2. All non-conforming signs are required to meet the provisions of this chapter at such time as the sign is altered, as defined by LOC 47.03.015.

3. Signs installed in violation of any prior Sign Code or applicable laws or regulations, and which are in violation of this chapter, shall be removed, replaced or altered in order to conform to the requirements of this chapter.

4. Signs recognized as an historical element of a historical landmark are exempt from this chapter.

5. All non-conforming pole signs shall be altered to conform to the requirements of this chapter by May 21, 2004.

6. A sign for which a variance is granted under the provisions of this chapter is not considered non-conforming.

(Ord. No. 1398, Sec. 1; 09-15-70. Ord. No. 1921, Sec. 5; 07-02-85. Ord. No. 2085, Enacted, 01/04/94)

(Ord. 2358, Amended, 04/15/2003, Prior Text; Ord. 2316, Amended, 03/05/2002, Prior Text; Ord. 2266, Amended, 09/05/2000, Prior Text; Ord. 2225, Amended, 02/01/2000, Prior Text)

Section 47.04.102 Non-Conforming and Unlawful Signs in EC Zone Only.

In the EC zone, as defined and established by the Lake Oswego Community Development Code:

1. Non-conforming signs may continue in use subject to the restrictions in this subsection. All non-conforming pole signs shall be brought into compliance with LOC 47.10.412 by May 21, 2004.

a. A non-conforming sign shall not be:

(1) Modified, unless the modification brings the sign into compliance with this Chapter. A change of copy is allowed, except that any change in a wall sign which is painted on a structure shall comply with LOC 47.10.412.

(2) Expanded.

(3) Relocated.

b. A non-conforming sign may undergo normal maintenance, except:

(1) “Normal maintenance” excludes major structure repairs designed to extend the useful life of the non-conforming sign.

(2) If a non-conforming sign is damaged by wind, fire, neglect or by any other cause, and such damage exceeds 60% of its replacement value, the non-conforming sign shall be removed.

c. Upon change of use of a business or premise, a non-conforming sign shall be brought into compliance with LOC 47.10.412 within one-hundred-eighty (180) days.

2. Unlawful Signs: A sign is an unlawful sign if it does not conform to the provisions of LOC 47.10.412, and did not conform to any Sign Code applicable on the date of installation. An unlawful sign shall be removed or made to conform within 60 days after written notice from the Department of Planning. Said 60 day period may be extended if the owner of an unlawful sign submits to the Planning Department a declaration signed under penalty of perjury, on form provided by the Department, stating that he/she intends to terminate the business identified by said sign within twelve (12) months of the date of the notice and agrees to remove the sign upon the expiration of the twelve-month period or the date he/she terminates his/her business, whichever occurs first.

(Ord. 2358, Amended, 04/15/2003, Prior Text; Ord. 2316, Amended, 03/05/2002, Prior Text; Ord. 2225, Add, 02/01/2000)

Section 47.04.105 Exempt Signs.

All signs, except in the EC zone, which are placed inside a structure or building, which are not visible through windows or building openings and are not intended to be visible to the public are exempt from the provisions of the Sign Code.

(Ord. No. 2085, Enacted, 01/04/94)

(Ord. 2225, Amended, 02/01/2000, Prior Text)

Section 47.04.115 Prohibited Signs.

1. No sign, unless exempt or allowed pursuant to this chapter shall be permitted except as may be permitted pursuant to LOC 47.12.500 (Variances).

2. No sign or sign structure shall be allowed that is constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire.

3. In a commercial, public function, or industrial zone no sign shall be placed inside or outside a structure so as to obscure more than 25 percent of any individual window surface. In a residential zone no sign shall be placed so as to obscure more than 10 percent of any individual window surface. Glass doors shall be considered an individual window surface.

4. No permanent sign, other than a public sign, may be placed within or over any portion of the public right-of-way, except those signs which are consistent with the provisions of this chapter and which are legally installed in accordance with LOC Chapter 45 (Building Code).

5. No sign shall be allowed within 2 feet of any area subject to vehicular travel.

6. Except as provided in LOC 47.08.300 (2)(c), no temporary sign, other than banner signs for which a permit has been issued under LOC 47.08.305 and those necessary for temporary traffic control that comply with LOC 47.08.300 (1)(b)(ii) shall be placed within or over any portion of the public right-of-way of a major collector or arterial street.

7. No sign shall be located in a manner which could impede travel on any pedestrian or vehicular travel surface.

8. No temporary signs, bench signs, banners, pennants, wind signs, balloon signs, flags or any other temporary sign structure shall be allowed as except specifically authorized by this Chapter.

9. No sign shall be equipped or displayed with moving, flashing or intermittent illumination except athletic scoreboards.

10. No sign shall have or consist of any moving, rotating, or otherwise animated part.

11. No signs on buildings shall be placed on the roof or extend above the roof line or parapet of the structure.

12. No sign shall be attached to a tree or vegetation.

13. No non-public sign which purports to be, is an imitation of, or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic on the street, or which hides from view any official traffic sign or signal shall be permitted.

14. No public address system or sound devices shall be used in conjunction with any sign or advertising device.

15. No signs that are internally illuminated shall be permitted in any residential zone.

16. No sign that obstructs free and clear vision of the traveling public at the intersection of any street or driveway shall be permitted.

(Ord. No. 1921, Sec. 15; 07-02-85. Ord. No. 2085, Enacted, 01/04/94)

(Ord. 2438, Amended, 12/06/2005, Prior Text; Ord. 2310, Amended, 05/14/2002, Prior Text; Ord. 2225, Amended, 02/01/2000, Prior Text)

Article 47.06 Regulation of Permanent Signs.

Section 47.06.200 Construction and Design Standards for Permanent Signs.

1. All permanent signs shall be constructed and erected in accordance with the requirements of the Oregon Structural Specialty Code, Volume II, Chapter 16 (as enacted on January 1, 2002, or as thereafter amended by the Oregon Building Codes Division).

2. All illuminated signs must be installed by a licensed sign contractor, subject to provisions of the State Electrical Code. All electrically illuminated signs shall bear the Underwriters Laboratory label or equivalent.

3. Building and electrical permits shall be the responsibility of the applicant. Prior to obtaining permits the applicant bears the burden of providing an approved sign permit or demonstrating exemption from the permit requirements of this chapter.

4. Signs shall be designed to be compatible with other nearby signs, other elements of street and site furniture and with adjacent structures. Compatibility shall be determined by the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size and the size and style of lettering.

5. Copy on signs visible from streets shall be designed to reduce distractions to motorists. Signs may be reviewed for clarity and readability.

(Ord. No. 1921, Sec. 17; 07-02-85. Ord. No. 2085, Enacted, 01/04/94)

(Ord. 2328, Amended, 08/06/2002, Prior Text)

Section 47.06.205 Permanent Signs Exempt From Permit and Fee.

The following signs shall comply with all provisions and regulations of this chapter; however, no fee, permit or application is required.

1. One sign not exceeding one square foot in area erected on any building within the City.

2. One non-illuminated sign not exceeding two square feet in area placed on any occupied residential lot.

3. Incidental signs not exceeding six square feet in area shall be allowed on any parcel that a Multiple Dwelling (as defined by the Lake Oswego Community Development Code) is constructed, in the industrial, or commercial zone, except in the EC zone and PF Zone. Incidental signs not exceeding one square foot, with the aggregate areas of less than four square feet, shall be allowed in the EC and PF zones. A freestanding sign may not exceed 60 inches in height. An incidental wall sign may not exceed eight feet in height above grade.

4. Public signs, signs for hospital or emergency services, and railroad signs.

5. Signs or tablets (including names of buildings, and the date of erection) when cut into any masonry surface, or constructed of bronze or other noncombustible surface not to exceed eight square feet in area.

6. Athletic Field Signs. Rigid signs located on the outfield fence of athletic fields may be installed. Each individual sign shall be no more than 32 square feet in area. There shall be no more than 32 square feet of area for any 8 linear feet of fence. The maximum height shall not exceed 8 feet above grade. The signs shall be placed so as to be visible from the interior of the field and/or viewing stands. One sign located at one end of the field visible to spectators shall have a maximum height of 15 feet above grade and shall be a maximum of 64 square feet.

7. Accessory signs within a commercial or industrial zone which are permanent and an internal part of permitted outdoor accessory or display structures such as soft drink machines, fuel pumps, and newspaper dispensers.

8. Flags displayed from permanently located freestanding or wall-mounted flagpoles which are designed to allow raising and lowering of flags. The number of such flagpoles shall be limited in number to one per site and the maximum height shall be 30 feet.

9. Signs erected within a building which do not obstruct more than 25 percent in a commercial or industrial zone or more than 10 percent in any residential zone of any individual window surface shall be allowed. No such signs shall exceed the maximum square footage as set forth in LOC 47.06.205 (3).

(Ord. No. 2085, Enacted, 01/04/94)

(Ord. 2438, Amended, 12/06/2005, Prior Text; Ord. 2385, Amended, 05/04/2004, Prior Text; Ord. 2316, Amended, 03/05/2002, Prior Text; Ord. 2225, Amended, 02/01/2000, Prior Text)

Article 47.08 Regulation of Temporary Signs.

Section 47.08.300 Temporary Signs Exempt From Permit and Fee.

The following signs shall comply with all provisions and regulations of this chapter; however, no fee, permit or application is required. Temporary signs are prohibited signs except as provided by this section.

1. Generally.

a. Illumination: No temporary sign shall be internally or externally illuminated.

b. Location:

i. Except as provided by this section, no temporary sign shall extend into or over the public right-of-way of any street.

ii. Signs allowed in the right-of-way for temporary traffic control shall provide a minimum of 5 feet of clear passage for pedestrians on the sidewalk where a sidewalk exists and shall come no closer than 2 feet from areas subject to vehicular travel.

iii. No temporary sign shall extend into the vision clearance area.

c. Maintenance: Temporary signs shall be kept neat, clean and in good repair. Signs which are faded, torn, damaged or otherwise unsightly or in a state of disrepair shall be immediately repaired or removed.

d. Placement: Except as provided by this section, temporary signs shall not be attached to trees, shrubbery, utility poles, or traffic control signs or devices. They shall not obstruct or obscure primary signs on adjacent premises.

e. Sign Collection and Retrieval:

i. The City may collect temporary signs placed in the public right of way without a permit.

ii. Each sign collected will be stored for a minimum of 30 days.

iii. Notice will be mailed within 3 business days of the date of collection to the owner of each sign if the ownership is reasonably discernible from the sign or as previously filed by the owner of the sign with the City Maintenance Department.

iv. The owner of a sign may retrieve a sign collected by the City within 30 days of the collection date. The owner must present proof of ownership of the sign and pay a sign retrieval fee in an amount established by resolution of the City Council.

v. The owner of a sign may request a hearing before a Hearing Examiner to contest the sign removal. The City Manager shall designate the Hearings Examiner. To request a hearing, the owner of a sign must file an application for a hearing and pay a hearing fee in an amount established by resolution of the City Council within 15 days of the date of mailing of the notice as provided in subsection (1)(e)(iii) above. The hearing fee and the sign retrieval fee are refunded if the Hearing Examiner finds that the sign was removed improperly. At the hearing, testimony and evidence begins with the City, followed by the owner, and concludes with rebuttal by the City. After the evidence has been provided, the Hearing Examiner will close testimony and issue a written decision that states the facts of the case and the conclusions of the decision.

vi. Final Decision. The decision of the Hearing Examiner shall be the final decision of the City.

2. Allowed Signage.

a. In any residential zone temporary signage shall be allowed for each and every lot. This signage shall not be restricted by content, but is usually and customarily used to advertise real estate sales, political or ideological positions, garage sales, home construction or remodeling, etc. Signage shall be allowed for each lot as follows:

i. Temporary signs not exceeding six square feet, provided the signs are erected not more than 90 days prior to an election and removed within five days following the election.

ii. One temporary sign not exceeding six square feet provided the sign is removed within fifteen days from the sale, lease or rental of the property or within seven days of completion of any construction or remodeling. An additional sign of the same size may be erected if the property borders a second street and the signs are not visible simultaneously. On tracts of land of more than 2 acres in residential zones the sign area may be increased to 32 square feet. In no case shall the sign or signs be erected for more than twelve (12) months.

iii. One temporary sign not exceeding four square feet in area which is erected for a maximum of eight days in any calendar month and is removed by sunset on any day it is erected.

iv. Temporary signs erected within a building which do not obstruct more than 10 percent of any individual window surface.

b. In any commercial, public function, or industrial zone temporary signage shall be allowed for each and every lot. This signage shall not be restricted by content, but is usually and customarily used to advertise real estate signs, political or ideological positions, construction or remodeling, etc. The signage shall be allowed for each lot as follows:

i. Temporary signs not exceeding six square feet, provided the signs are erected not more than 90 days prior to an election and removed within five days following the election.

ii. Temporary sign not exceeding 32 square feet provided said signs are removed within fifteen days from the sale, lease or rental of the property or within seven days of completion of any construction or remodeling. An additional sign of the same size may be erected if the property borders a second street and the signs are not visible simultaneously.

iii. Temporary signs not exceeding 16 square feet in area erected in association with the temporary uses allowed by LOC 50.14.010, including Christmas tree sales, pushcart vendors, Saturday market on Saturday and/or Sunday, for up to 26 consecutive weeks, provided at least 3 days separate each period of consecutive days of Saturday market activity and sidewalk sales up to 7 consecutive days during each calendar quarter. These provisions shall also apply to fireworks sales authorized by LOC Chapter 15 (Fire Protection). The signage shall be allowed for the same duration as the temporary use.

iv. Temporary signs erected within a building which do not obstruct more than 25 percent of any individual window surface.

c. Portable signs, as defined in LOC 47.03.015, shall be allowed within the public right-of-way in any residential zone on Sundays between the hours of eight (8) a.m. and six (6) p.m. under the following conditions:

i. Any person placing a sign in the public right-of-way shall first make a good faith effort to obtain the permission of an owner or occupant of the real property abutting the portion of the right of way where the sign will be located. Except as provided in LOC 47.08.300 (2)(c)(ii), if the person is unable to contact an owner or occupant after a good faith effort, the person shall, at the time the sign is placed in the right-of-way, leave written notice in a conspicuous place at or near the entry to the primary dwelling, or, if there is no dwelling, the entry to the primary habitable structure, on the abutting real property. The notice shall include all of the following:

(1) The name and address of the person placing the sign in the right-of-way;

(2) A telephone number where the person can be reached during the entire time that the sign is in the right-of-way;

(3) A description of the effort made to contact the owner or occupant to obtain permission to place the sign in the right-of-way

ii. No written notice shall be required under LOC 47.08.300 (2)(c)(i) if:

(1) The notice cannot be left in the required location without committing a trespass, or violating any other law, ordinance or regulation;

(2) The abutting real property is posted with a “No Solicitation” sign conforming to the requirements of LOC 34.16.945; or

(3) There is no dwelling or other habitable structure on the abutting real property.

iii. No sign shall be placed in the public right-of-way if an owner or occupant of the real property abutting the portion of the right-of-way where the sign will be located has denied permission for such placement, or has clearly communicated by any means that such signs are not allowed in the abutting right-of-way.

iv. An owner or occupant of real property may take down and lay flat upon the ground, in the same location, any portable sign that has been placed in the portion of the right-of-way abutting such real property without the permission of any owner or occupant of such real property. In the event that laying the sign upon the ground in the same location would cause damage to landscaping or personal property, would violate any of the restrictions of LOC 47.08.300 (2)(c)(v) or would otherwise create a hazard to public safety, the owner or occupant may lay the sign upon the ground at the closest location within the right-of-way that would not result in such damage, hazard or violation. Any person who places a portable sign in the public right-of-way without the permission of an owner or occupant of abutting real property shall be deemed to have given consent to the sign being taken down in the manner described in this subsection.

v. Portable signs placed in the public right-of-way shall meet all of the following standards:

(1) Only A-frame type signs are allowed;

(2) Legible contact information shall appear on the sign, including the sign owner’s name and address and a telephone number where the sign owner can be reached during the entire time that the sign remains in the right-of-way;

(3) The sign shall be entirely outside the roadway and any shoulder;

(4) The sign shall not be placed in a median, traffic island, or other area within the roadway;

(5) The sign shall be no larger than five square feet in area, counting one side of the sign;

(6) The sign, including the support structure, shall be no taller than 30 inches;

(7) The sign shall be entirely outside the area of a right-of-way corner that is between the lines created by extending the edges of any curb ramp to the property line;

(8) Where no curb exists, the sign shall be placed outside the roadway at least five feet from the edge of the roadway.

(9) The sign shall not obstruct a continuous through pedestrian zone of at least five feet in width;

(10) The sign shall not obstruct pedestrian and wheelchair access from the sidewalk to any of the following:

(A) transit stop areas;

(B) designated disabled parking spaces; or

(11) The sign shall not be attached or anchored in any way to trees, other objects or public property, including without limitation utility or light poles, parking meters, the ground or the pavement;

(12) The sign shall not be placed in parking spaces or bicycle paths;

(13) The sign shall not be placed on any driveway, with the exception of a driveway that serves only property owned or occupied by the person placing the sign.

(14) The sign shall not be placed in any portion of the right-of-way abutting real property owned or controlled by the city or another public agency.

vi. The provisions of LOC 47.08.300 (2)(c) shall not apply to portable signs placed within the public right-of-way for the purposes of public direction and safety.

d. Fair/Market Vendor Signs. In addition to any other permanent or temporary signs permitted by this Sign Code on the site, fair/market vendors signs meeting the requirements of this subsection. For purposes of this subsection, “vendor” includes persons selling or displaying information or products.

i. The fair/market is a temporary activity permitted under LOC 50.14.010 (1) or 50.14.010 (2)(b)(iv) which does not require permanent site improvements.

ii. The fair/market shall:

(1) operate for up to 4 consecutive days, for up to 26 consecutive weeks, provided at least 3 days separate each period of up to 4 consecutive days of fair/market activity.

(2) be an organized event/show, in which the organizer is not a vendor at the fair/market,

(3) have one theme, related to public or non-profit education, fund-raising, athletic programs, community recreational activities, arts, or agricultural products, i.e., “Saturday market” or “weekend fair”,

(4) comprise more than 10 separate vendors,

(5) require that items for sale by vendors must be related either to the fair/market theme or be items of convenience for attendees at the fair/market, i.e., on-site food/beverage consumption.

iii. All fair/market vendor signs must:

(1) be placed by a vendor within the fair/market site,

(2) not be placed within the vision clearance area,

(3) be placed in a manner so that the primary effect of the sign is to communicate information to the fair/market attendees/customers on the site of the fair/market, rather than to communicate information to, or attract attention of, persons off-site from the fair/market,

(4) not exceed 18 square feet cumulatively of sign display area per fair/market vendor’s product display and/or production area (“booth”) of 200 square feet or less, and an additional 18 square feet for a booth area in excess of 200 square feet; provided however that a sign:

(A) that is within the booth area, and

(B) set back 2 feet or more from the front of the booth, and

(C) the top of the sign is less than 8 feet from the ground surface shall not be counted within the maximum sign display area per booth.

(5) be located within 5 feet of the fair/market vendor’s display area,

(6) not extend more than 10 feet above the ground surface, and

(7) be removed when each fair/market activity period of up to 4 consecutive days ends.

(Ord. No. 2085, Enacted, 01/04/94)

(Ord. 2438, Amended, 12/06/2005, Prior Text; Ord. 2385, Amended, 05/04/2004, Prior Text; Ord. 2358, Amended, 04/15/2003, Prior Text; Ord. 2310, Amended, 05/14/2002, Prior Text; Ord. 2316, Amended, 03/05/2002, Prior Text; Ord. 2225, Amended, 02/01/2000, Prior Text)

Section 47.08.305 Temporary Signs Requiring Permit.

1. The City Manager may allow temporary signs larger than those allowed by 47.08.300 to be erected. This signage shall not be restricted by content, but is usually and customarily used to advertise special events and store openings on banners. The City Manager shall allow the erection of such signs only if the City Manager finds that the proposed sign will not materially impair the purposes of the Sign Code expressed in LOC 47.03.010. Seasonal decorations erected within the public right-of-way shall be considered to be such signs. These signs shall meet all applicable City Code provisions. Lighting of such signs will be reviewed as part of the application and may be allowed depending on impact to surrounding development.

2. The following requirements shall be met, as applicable:

a. Written consent from the property owner where the sign will be located shall be provided. The consent shall identify any restrictions that the property owner requires of the permit holder. Banners hung from utility poles shall require written approval from Portland General Electric. Banners hung over a state highway will require written approval from the Oregon Department of Transportation.

b. Plans or a description showing the location of the sign; banner height above the right-of-way; support devices for the banner; and proposed dates shall be provided.

c. The display period shall not exceed 25 consecutive days in duration and no more than once in any 12 month period. All such signs shall be removed no later than one day following the event being advertised.

d. A copy of any liability and/or property damage insurance required by the property owner where the sign or banner will be located.

e. A signed rebate and indemnity agreement shall be provided if placing a banner over the public right-of-way.

3. The extent of signage allowed and the location of the signage is at the discretion of the City Manager.

(Ord. No. 2085, Enacted, 01/04/94)

Article 47.10 Permit Requirements.

Section 47.10.400 Signs Requiring Permit.

1. It is unlawful and a civil violation for any person to erect, construct, alter or relocate any sign without first obtaining a permit pursuant to the provisions of this chapter unless a provision of this chapter specifically exempts a sign from the permit requirement.

2. It is unlawful and a civil violation for any person to construct a sign that is not specifically allowed by this chapter or to erect, construct, maintain or allow to exist a sign in violation of the terms of the permit issued pursuant to this chapter.

3. a. The permit required by this section is issued by the City Manager pursuant to the provisions of this chapter.

b. In determining whether the criteria for approval of a Sign Permit Application are satisfied, the City Manager shall use the criteria set forth in this Sign Code.

c. A decision is to be made within 14 days of receipt of a complete application.

4. An application for a sign permit shall include, in addition to such information as may be specified by the City Manager:

a. A completed Sign Permit Application form and fee

b. A Site Plan and/or Building Elevation Plans drawn to scale and dimension showing (as applicable):

Existing Structures

Driveways

Street and Right-of-Way

Existing Signs

Proposed Sign

Vision Clearance (LOC 50.21.005)

All Incidental Signs

c. A proposed sign plan drawn to scale and dimension showing (as applicable):

Height

Width

Square Footage

Thickness

Size and style of letters

Color

Type of illumination

Materials

(Ord. No. 789, Secs. 2, 24-31; 12-05-61. Ord. No. 940, Sec. 1; 07-16-63. Ord. No. 1100, Sec. 1; 03-06-66. Ord. No. 1147, Sec. 1; 12-13-60. Ord. No. 1921, Sec. 13; 07-02-85. Ord. No. 2085, Enacted, 01-04-94).

(Ord. 2438, Amended, 12/06/2005, Prior Text; Ord. 2346, Amended, 06/10/2003, Prior Text; Ord. 2316, Amended, 03/05/2002, Prior Text; Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 47.10.405 Permanent Signage Requiring Permit Allowed in Residential Zones (R-0, R-2, R-2.5, R-3, R-5, R-6, R-7.5, R-10, R-15, DD and WR).

In addition to the temporary and permanent signage allowed without permit in the residential zones the following signage is allowed subject to permit and fee.

1. Free-Standing Signs.

a. Allowable area: For four or more units or lots, sixteen square feet.

b. Number: One sign shall be allowed for the primary frontage. Another sign shall be allowed on any secondary frontage that is 300 feet or more in length.

c. Height: The Maximum height shall be six feet.

d. Sign Types: Monument or wall (fence) signs.

e. Illumination: Only indirect lighting shall be allowed.

2. Signs Attached to Buildings.

a. Allowable area: and number provisions for freestanding signs may be transferred to allow signs attached to buildings as an alternative.

b. Height: Signs shall be placed no higher than nine feet.

c. Sign Types: Signs shall be restricted to wall signs.

d. Illumination: Only indirect lighting shall be allowed.

(Ord. No. 2085, Enacted, 01/04/94)

(Ord. 2225, Amended, 02/01/2000, Prior Text)

Section 47.10.410 Permanent Signage Requiring Permit Allowed in Commercial Zones (GC, NC, OC/R-2.5, OC/NC, and R-2.5/W).

In addition to the temporary and permanent signage allowed without permit in the following commercial zones: GC, NC, OC/R-2.5, OC/NC and R-2.5/W, the following signage is allowed subject to permit and fee.

1. Free Standing Signs.

a. Allowable Area: Maximum 32 square feet.

b. Number: One sign shall be allowed for the primary frontage. Another sign shall be allowed on any secondary frontage that is 300 feet or more in length.

c. Height: Maximum 18 feet for pole signs and 8 feet for monument signs.

d. Sign Types: Monument signs shall be allowed. Pole signs shall only be allowed when necessary to provide vision clearance at driveways or intersections and when there is no alternative, visible on-building or monument sign location. No pole signs shall be allowed in the OC/R-2.5, OC/NC and R-2.5/W zones.

e. Exceptions in GC Zone: The City Manager may grant exceptions to the size and height limitations for monument signs under subsections 1(a) and 1(c) of this section, as well as exceptions to the design standards of LOC 47.06.200 (4), as necessary to allow an existing pole sign in the GC Zone, that was non-conforming prior to May 21, 2004, to be converted to a monument sign on the same premises, provided that:

i. the existing sign is widely recognized in the community as a unique symbolic icon identified with a particular era;

ii. the sign has been continuously displayed, unchanged, for at least 20 years prior to the conversion;

iii. the area of the sign does not exceed 50 square feet;

iv. the conversion results in no change to the face of the sign; and

v. the height of the monument sign, including the base, does not exceed 10 feet.

Following conversion to a monument sign, any exceptions allowed under this subsection (1)(e) shall apply until there is any alteration or change of the sign, including any change of copy, or until any change of use of the premises, at which time the sign shall be made to comply with all requirements of this Chapter.

2. Sign Attached To Buildings.

a. Allowable Area: The 32 square foot maximum allowed for freestanding signs may be transferred to allow signs attached to buildings as an alternative. Except in the OC/R-2.5, OC/NC and R-2.5/W zones, an additional sign or signs shall be allowed within a two foot high horizontal sign band. The sign band length signs may be 75 percent of the building or business frontage whichever is less.

b. Number: One 32 square foot sign shall be allowed on each street frontage. The maximum number of signs within the sign band on each street frontage shall equal the number of frontage businesses located on the ground floor.

c. Height: The maximum 32 square foot sign shall not be placed higher than 18 feet on any structure. The sign band shall not exceed two feet in height and shall extend along one or more sides of a structure located between the windows and the parapet on a one story building with a flat roof and at or below the fascia on a one story building with a pitched roof. On a multi-story building it shall be located above the windows and below the second story line (retail cornice height).

d. Sign Types: Wall signs and sign bands are allowed.

3. Additional Signs Allowed.

a. Awning or canopy signs meeting the same size and number restrictions as sign bands may be substituted for the sign band signs allowed by LOC 47.10.410 (2). The awning or canopy may extend over the right-of way, but shall come no closer than two feet from areas subject to vehicular travel. No such signs shall be allowed in the OC/R-2.5, OC/NC and R-2.5/W zones.

b. Multi-building complexes shall be allowed an additional monument sign of 32 square feet. This sign shall be located at the primary entrance to the complex and shall not extend more than ten feet in height. No such signs shall be allowed in the OC/R-2.5, OC/NC and R-2.5/W zones.

c. Any business which is required by law to post specific signs, such as service stations, shall be allowed up to an additional 22 square feet of signage to communicate the mandated message. The sign may be installed with the primary sign or installed as a separate 5-1/2 foot tall monument sign. No such signs shall be allowed in the OC/R-2.5, OC/NC and R-2.5/W zones.

d. A theater or movie house with more than one auditorium shall be allowed an additional 48 square feet of signage. No such signs shall be allowed in the OC/R-2.5, OC/NC and R-2.5/W zones.

e. Second story businesses shall be allowed an eight square foot sign erected at the second story level. No tenant signage shall be allowed above the second story. No such signs shall be allowed in the OC/R-2.5, OC/NC and R-2.5/W zones.

f. Blade signs which hang from canopies or awnings over the right-of-way perpendicular to the direction of pedestrian movement shall be allowed, but shall come no closer than 2 feet from areas subject to vehicular travel. The signs shall be consistently 8 inches in height and shall not exceed 6 feet in length. The bottom of the sign shall have 8-1/2 feet of clearance to the walkway or ground below. One sign shall be allowed for each ground floor tenant. No frontage is required. A blade sign shall be allowed in the OC/R-2.5, OC/NC and R-2.5/W zones only as an alternative to a monument or wall sign.

g. A single overhanging sign may be substituted for the 32 square foot maximum sign. The overhanging sign shall be allowed to overhang the right-of-way provided it is attached to the building, comes no closer than 2 feet from areas subject to vehicular travel, maintains 8-1/2 feet of clearance to the walkway or ground below and does not extend more than 14 feet above that sidewalk or ground surface. No such signs shall be allowed in the OC/R-2.5, OC/NC and R-2.5/W zones.

4. Sign Features/Restrictions.

a. Signs may be indirectly or directly illuminated.

b. Awning or canopy signs shall only backlight individual letters or graphics. The entire canopy shall not be backlighted.

c. Changeable copy, manual or electronic, shall be allowed for up to 50 percent of any allowed sign.

d. Lighting which is within 200 feet of a residential zone and which is substantially visible from any residential unit or vacant residential lot shall be extinguished between 10:00 P.M. and 8:00 A.M.

(Ord. No. 2085, Enacted, 01/04/94)

(Ord. 2393, Amended, 07/06/2004, Prior Text; Ord. 2225, Amended, 02/01/2000, Prior Text)

Section 47.10.412 Permanent Signage Requiring Permit Allowed in the EC Zone

In addition to the permanent, temporary and exempt signs allowed pursuant to LOC 47.06.205, 47.08.300 and 47.08.305 the following signage is allowed in the EC zone subject to permit and fee.

1. Permitted Signs.

a. Blade Signs.

Blade signs may be hung below roof overhangs, canopies or awnings over public or private pedestrian ways. Such signs shall be uniform in size and placement in relationship to such signs on adjacent buildings, but in no case shall they be larger than 10 inches in height or six feet in length. Lettering shall not exceed six inches in height. Signs shall have a white sign board with dark green, black, dark brown or gold leaf lettering or may be of routed wood.

b. Cornice Signs.

Signs of up to 32 square feet in size may be erected on a building within a 2-foot high signage area above the first floor windows and below the retail cornice. Lettering shall not exceed 14 inches cumulatively in height. See Table 47.10-A.

TABLE 47.10-A

METHOD OF MEASURING HEIGHT OF LETTERING FOR CORNICE SIGNS IN EC ZONE

c. Signs Above the First Floor Cornice.

One sign per building may be located above the first floor cornice level if:

(1) The sign is composed of individual letters affixed to or molded or carved into the surface material of the building, does not exceed 24 square feet in area, and the lettering does not exceed 14 inches in height; or

(2) The sign projects over the pedestrian way, does not exceed 16 square feet in area, and is designed to fit within a 4 foot x 4 foot square.

d. Awning Signs.

A sign consisting of a single row of white or black letters or graphics up to six inches in height shall be allowed on an awning. In addition, a sign 18 inch x 18 inch or smaller graphic symbol or logo shall be allowed on an awning.

e. Window Signs.

Signs painted on the glass surface of a window shall be allowed as long as total sign area does not exceed 4 square feet and white or gold lettering is used. More than one such sign is allowed per window as long as the 4 square foot area restriction is not exceeded.

2. Lighting.

a. All signs except for blade signs may be unlit, indirectly lit, or backlit. Awnings and canopy signs shall only backlight individual letters or graphics. The entire canopy shall not be backlighted.

b. Blade signs shall be unlighted or indirectly lighted.

3. Sensitivity to Architectural Detail Required.

Notwithstanding the above provisions or the provisions of this Sign Code, no sign shall be erected in a manner that obscures architectural detail.

4. Modification of Certain Sign Restrictions.

In order to encourage a variety of attractive signs and provide flexibility for property owners, if an applicant elects not to site a cornice sign under subsection (1)(b) of this section, he or she may increase the size of a sign approved pursuant to subsections (1)(e) (awning signs) or (1)(e) (window signs) to the maximum square footage and letter size allowed for cornice signs pursuant to subsection (1)(b) and shall not be subject to any color restrictions otherwise applicable. If an applicant received approval for a window or awning sign under this subsection, he or she may not thereafter receive approval to site a cornice sign unless the window sign or awning sign is first brought into compliance with subsection (1)(d) or (1)(e) of this section.

5. Sign Maintenance.

a. All signs, together with all their supports, braces, guys and anchors shall be kept in good repair and be maintained in a safe, neat, clean and attractive condition. Signs shall be kept free of rust, corrosion, peeling paint, cracks, fading and other surface deterioration.

b. Illuminated signs shall function properly.

c. Any sign structure or supports that are no longer used shall be removed.

d. Sign Structures shall only be used to support signs. They may not be used to support electrical, telephone, cable or other utility wiring. Exception, collocated telecommunications facilities that meet the requirements of the Community Development Code may be located on an existing sign.

6. Exempt Signs.

The following signs are exempt from the provisions of this section.

a. Interior signs that are not readily visible from any exterior public right-of-way or area open to the public.

b. Interior signs that are located within fifteen feet (15’) of the business frontage and are visible from any exterior public right-of-way or from any area open to the public that contain lettering of on inch (1”) or less in height; and similarly visible interior signs located beyond fifteen feet (15’) of the business frontage that contain lettering three inches (3”) or less in height. Exception: If the combined amount of all visible interior sign faces exceeds ten (10) square feet, such signs shall be considered “window signs” subject to LOC 47.10.412 (1)(e).

c. A sign that is recognized historic element of an historic landmark.

d. A sign erected by a public agency.

7. Exception to the Requirements of this Section.

a. The reviewing authority may allow exceptions to this section without the need to obtain a formal variance in one or more of the following circumstances:

(1) The applicant demonstrates that the physical characteristics of the site or existing structure make compliance impractical.

b. A request for exception under this provision may be processed as part of the underlying application or separately as a major development pursuant to LOC Chapter 50.79.030.

(Ord. 2438, Amended, 12/06/2005, Prior Text; Ord. 2316, Amended, 03/05/2002, Prior Text; Ord. 2225, Add, 02/01/2000)

Section 47.10.415 Permanent Signage Requiring Permit Allowed in Commercial Zones (MC, HC, CR & D and OC).

In addition to the temporary and permanent signage allowed without permit in the commercial zones the following signage is allowed in the MC, HC, CR&D, and OC zones subject to permit and fee.

1. Free-Standing Signs.

a. Free-standing complex signs shall be allowed provided that:

(1) The sign is located at the periphery of public street intersections of the complex area defined by Carman Drive, Kruse Way, Bangy Road and Ball Creek; and

(2) The size shall not exceed 40 square feet, except that the maximum sign area may be increased in scale to a maximum of 60 square feet where appropriate for the scale of the complex and visual identity along Bangy Road, Kruse Way, or Carman Drive.

b. A building sign of up to 32 square feet may be located at each major access to a building site. The building sign shall be a monument type sign or shall be placed on the face of a landscape wall, retaining wall, or similar structure. Except as provided in subsection 1(b)(2) of this section, building signs shall be in addition to tenant signs. For building signs within the area defined by Carman Drive, Kruse Way, Bangy Road and Ball Creek, the following additional provisions shall apply:

(1) If the sign consists of lettering, emblems or figures attached to a wall that is 75 square feet or larger, the sign area shall be considered to include only the area within the perimeter immediately surrounding the lettering, emblems or figures, regardless of the number of messages displayed on the wall. Except as provided in subsection (1)(b)(3) of this section, the total area of all signage on the wall shall not exceed 32 square feet.

(2) If the signage is for a tenant, it shall replace the signage allowed under subsections (2)(b) and 2(c) of this section.

(3) The allowed area of signage on a wall of 75 square feet or larger may be increased by no more than five square feet, provided that the increased sign area is used to display only the number of the building address.

(4) For the south major access to the building site located at 5885 Meadows Road, the allowed signage may be placed on two walls that are each 75 square feet or larger. However, the area of all signage on both walls combined shall not exceed 48 square feet in total, plus an additional five square feet for the number of the building address.

c. Retail development shall be allowed the freestanding signs generally permitted in LOC 47.10.410 (1).

d. Incidental retail tenants (retail tenants located in other than retail buildings or shopping centers, and providing retail services primarily for businesses and employees within the complex) who are dependent on visibility for business shall be allowed one ground mounted for each exposure to vehicular traffic. The incidental retail tenant sign shall be in addition to the signs allowed in LOC 47.10.415 (2).

2. Signs Attached To Buildings.

a. Wall signs for buildings having exposure to I-5/Hwy 217 shall be allowed as follows:

(1) Hotels shall be allowed one on-building sign for each building elevation (side or face) visible to vehicular traffic on I-5 and Hwy 217. Each hotel shall be allowed a maximum of three such signs, and each sign shall have a maximum size of 64 square feet.

(2) All other buildings having exposure to I-5/Hwy 217 shall be allowed one sign for each tenant for each building elevation (side or face) visible to vehicular traffic. Each building shall not be allowed more than a maximum of 6 signs (with a maximum of 3 signs on any one side or face of a building), and each sign shall have a maximum size of 48 square feet.

b. Buildings without exposure to I-5/Hwy 217 shall be allowed one sign for each tenant for each building elevation (side or face) visible to vehicular traffic. Each building shall not be allowed more than a maximum of 6 signs (with a maximum of 3 signs on any one side or face of a building), and each sign shall have a maximum size of 24 square feet. The maximum area may be increased in scale to a maximum of 32 square feet where appropriate for the size of the tenant and the scale of the building.

c. As an alternative to a sign allowed under subsection 2(b) of this section, a retail tenant in a non-retail development shall be allowed a sign band sign as provided in LOC 47.10.410 (2), or shall be allowed to substitute an awning or canopy sign for the sign band sign as provided in LOC 47.10.410 (3)(a).

d. Retail development shall be allowed the signs attached to buildings generally permitted in LOC 47.10.410 (2).

3. Additional Signs Allowed.

a. On-site incidental signs shall be allowed up to 24 square feet in area.

b. Off-site incidental signs of up to 24 square feet shall be allowed. Off-site signs shall only be located on property which is not contiguous with the development site and which is not in the same ownership. Off-site signs shall not be placed along arterial streets except at their intersection with another arterial or collector street. Off-site signs for hotels shall have a maximum size of 32 square feet.

c. An on-site sign oriented primarily toward vehicle circulation which shall be limited in area to a maximum if two (2) square feet per tenant or use on the site, up to a maximum of forty (40) square feet.

d. One sign oriented toward pedestrian circulation areas shall be a maximum of twenty-four (24) square feet in area, and eight (8) feet in height. The sign may be freestanding or located on the building.

4. Sign Features/Restrictions.

a. No pole signs shall be allowed.

b. Signs shall not be attached to parking structures, or to portions of buildings that serve as parking facilities.

c. Off-site signs shall not be placed along arterial streets except at their intersection with another arterial, collector street or access entrance for multiple buildings.

d. Monument signs shall not exceed eight (8) feet in height.

e. All developments shall have sign criteria affecting the development as a whole approved as part of any master plan (Overall Development Plan and Schedule/Planned Development) approval to insure compatibility between signs on individual development parcels or on individual structures.

(Ord. No. 2085, Enacted, 01/04/94)

(Ord. 2393, Amended, 07/06/2004, Prior Text; Ord. 2225, Amended, 02/01/2000, Prior Text)

Section 47.10.420 Permanent Signage Requiring Permit Allowed in Industrial Zones I and IP.

In addition to the temporary and permanent signage allowed without permit in the industrial zones pursuant to LOC 47.06.205, 47.08.300 (2)(b) and 47.08.305, the following signage is allowed in industrial zones subject to permit and fee.

1. Free-Standing Signs.

a. Allowable Area: Maximum 32 square feet.

b. Number: One sign shall be allowed for the primary frontage. Another sign shall be allowed on any secondary frontage that is 300 feet or more in length.

c. Height: Maximum 8 feet.

d. Sign Types: Monument signs only.

2. Signs Attached To Buildings.

a. Allowable Area: The 32 square foot maximum allowed for freestanding signs may be transferred to allow signs attached to buildings as an alternative. An additional sign or signs shall be allowed within a two foot high horizontal sign band. The sign band signs may be 75 percent of the building or business storefront whichever is less.

b. Number: The maximum 32 square foot sign shall be restricted identically to the freestanding sign. Signs within the sign band shall equal the number of frontage businesses located on the ground floor.

c. Height: The maximum 32 square foot sign shall not be placed higher than 18 feet on any structure. The sign band shall not exceed two feet in height and shall extend along one or more sides of a structure located between the windows and the parapet on a one story building with a pitched roof. On a multi-story building it shall be located above the windows and below the second story line.

d. Sign Types: Wall signs and sign bands are allowed.

3. Additional Signs Allowed.

a. Awning or canopy signs meeting the same size and number restrictions as sign bands may be submitted for the sign band signs allowed by LOC 47.10.420 (2). The awning or canopy shall not extend into the right-of-way.

b. Multi-building complexes shall be allowed an additional monument sign of 32 square feet. This sign shall be located at the primary entrance to the complex and shall not extend six feet in height.

4. Sign Features/Restrictions.

a. Signs may be indirectly or internally illuminated.

b. Awning or canopy signs shall only backlight individual letters or graphics. The entire canopy shall not be backlighted.

c. Changeable copy, manual or electronic, shall be allowed for up to 50 percent of any allowed sign.

(Ord. No. 2085, Enacted, 01/04/94)

(Ord. 2225, Amended, 02/01/2000, Prior Text)

Section 47.10.425 Institutional, Public Facilities or Open Space Land Uses Listed As Conditional Nonconforming Uses.

If an institutional use, public facility or open space land use is located on a site which is in a zone which allows the use only as a conditional use, or if the use is a nonconforming use, then the following restrictions apply. These restrictions are in addition to the temporary and permanent signage allowed without permit in the zone in which the use is located.

1. Free-Standing Signs.

a. Allowable Area: Maximum 32 square feet.

b. Number: One sign shall be allowed for the primary frontage. Another sign shall be allowed on any secondary frontage that is 300 feet or more in length.

c. Height: Maximum 6 feet.

d. Sign Types: Monument signs only.

2. Signs Attached To Buildings.

a. Allowable Area: The 32 square foot maximum allowed for freestanding signs may be transferred to allow signs attached to buildings as an alternative.

b. Number: The sign shall be restricted identically to the freestanding sign.

c. Height: The sign shall not be placed higher than 18 feet on any structure.

d. Sign Types: Wall sign.

3. Additional Signs Allowed.

a. Non-illuminated 8 inch maximum signage shall be allowed on awnings or canopies.

4. Sign Features/Restrictions.

a. Except at otherwise indicated, signs may be indirectly or internally illuminated.

b. Changeable copy, manual or electronic, shall be allowed for up to 50 percent of any allowed sign.

c. Lighting which is within 200 feet of a residential zone and which is substantially visible from any residential unit or vacant residential lot shall be extinguished between 10:00 P.M. and 8:00 A.M.

(Ord. No. 2085, Enacted, 01/04/94)

Article 47.12 Variances.

Section 47.12.500 Variances.

1. All sign variances shall follow the same procedure as a Class 1 (minor) variance to the Community Development Code and shall be regulated pursuant to the following procedural provisions:

a. LOC Article 50.81.

b. LOC Article 50.82 (except that the statement required by LOC 50.82,020 (3)(e) shall not be given).

c. LOC Article 50.83, except that:

i. In lieu of LOC 50.83.005 (5), a statement shall be given that the evidence and testimony must be directed to the applicable criteria described by the staff or to other criteria in the Sign Code which the person believes to apply to the decision.

ii. In lieu of LOC 50.83.005 (13), following testimony and argument, the hearing body's deliberations may include questions to or testimony by City staff regarding the criteria, evidence and testimony in the record. The hearing body may also direct questions to any person present. If any person other than City staff is questioned or allowed to make comments during deliberation, the Chair shall allow any other person to respond to such comments.

iii. In regards to LOC 50.83.030 (2), the 120-day Rule is not applicable.

d. LOC Article 50.84, except that:

i. In regards to LOC 50.84.065 (1), the 120-day Rule is not applicable.

ii. The statement required by LOC 50.84.075 (5) shall not be given.

2. The granting authority may approve a variance to any requirement of this chapter if the applicant demonstrates that:

a. Strict application of the code requirement would deny the applicant a reasonable opportunity to communicate by sign in a manner similar to like persons or uses because of an unusual or unique circumstance relating to the property or the proposal, such as site or building location, building design, physical features on the property, or some other circumstance;

b. The sign which would result from the variance will not affect the surrounding neighborhood or other property affected by the request in a manner materially inconsistent with the purpose of the Sign Code expressed in LOC 47.03.010; and

c. The degree of the variance is limited to that reasonably necessary to alleviate the problem created by the unique or unusual circumstance identified pursuant to subsection (2)(a) of this section.

(Ord. No. 789, Sec. 21; 12-05-61. Ord. No. 1921, Sec. 19; 07-02-85. Ord. No. 2085, Enacted, 01/04/94)

(Ord. 2438, Amended, 12/06/2005, Prior Text; Ord. 2316, Amended, 03/05/2002, Prior Text; Ord. 2314, Amended, 03/05/2002, Prior Text; Ord. 2225, Amended, 02/01/2000, Prior Text)