[Ord. No. 2085, Enacted, 1-4-1994; Ord. No. 2225, Amended, 2-1-2000; Ord. No. 2316, Amended, 3-5-2002; Ord. No. 2310, Amended, 5-14-2002; Ord. No. 2358, Amended, 4-15-2003; Ord. No. 2385, Amended, 5-4-2004; Ord. No. 2438, Amended, 12-6-2005; Ord. No. 2617, Amended, 6-4-2013; Ord. No. 2890, Amended, 3-17-2022]
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 three 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)
of this section. 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 15 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 two 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 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, park or natural area, or industrial
zones, 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, temporary activities within
park or natural area, 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 15 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 § 50.03.005, including Christmas tree sales, pushcart vendors, Saturday market on Saturday and/or Sunday, for up to 26 consecutive weeks, provided at least three days separate each period of consecutive days of Saturday market activity and sidewalk sales up to seven 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 8:00 a.m. and 6:00 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 subsection (2)(c)(ii)
of this section, 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 rightof-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-ofway 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; of the following:
(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.
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 §§ 50.03.005.1 or 50.03.005.5.a 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:
(5)
Be located within five 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 four
consecutive days ends.
[Ord. No. 2085, Enacted, 1-4-1994; Ord. No. 2617, Amended, 6-4-2013; Ord. No. 2862, Amended, 1-5-2021; Ord. No. 2890, Amended, 3-17-2022]
1.
a.
The City Manager may allow temporary signs larger than those allowed by LOC § 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.
b.
In
addition to subsection (1)(a) of this section, the following temporary
signs require a permit:
i.
Residential Zones: Temporary signs permitted by LOC § 47.08.300(2)(a)(ii) that are required to be removed following sale, lease or rental of property, when the residential use on the site is apartments for rental, unless the entire parcel is for sale.
ii.
Commercial Zones and Industrial Zones: Temporary signs permitted by LOC § 47.08.300(2)(b)(ii) that are required to be removed following sale, lease or rental of property, unless the entire parcel is for sale.
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.
f.
Temporary signs required to obtain a permit under subsection (1)(b) of this section shall comply with the provisions of LOC § 47.06.200(3) through (5).
g.
During
the time frame when Clackamas County is subject to state-mandated
COVID-19 physical distancing or business operation restrictions, no
time restriction for the display period for temporary signs per subsection
(2)(c) of this section shall apply and portable A-frame signs are
an allowed temporary sign type for businesses. One temporary A-frame
sign per business is allowed and shall meet all of the following criteria:
i.
The sign shall not be located in the vehicular travelway or impede
vehicular movements or parking;
ii.
The sign shall be no larger than seven square feet in area, counting
one side of the sign;
iii.
The sign shall be no taller than 42 inches;
iv.
The sign shall maintain a clear path of at least five feet through
pedestrian zones or any bicycle lane;
vi.
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, the ground or the pavement;
vii.
The sign shall not be placed in parking spaces;
3.
The
extent of signage allowed and the location of the signage is at the
discretion of the City Manager.
