This chapter shall be known and may be cited as the "Sign Ordinance
of the City of Milwaukie, Oregon."
(Ord. 1733 § 1(1) (Exh.
A), 1993)
The Council of the City of Milwaukie, Oregon, finds and declares
that it is necessary to regulate the design, quality of materials,
construction, installation, maintenance, electrification, illumination,
type, size, number, and location of all signs visible from a right-of-way
or lot under other ownership in order to:
A. Protect
the health, safety, property and welfare of the public;
B. Promote
the neat, clean, orderly and attractive appearance of the community;
C. Provide
for the safe installation and maintenance of signs;
E. Preserve
and enhance the unique scenic beauty of Milwaukie;
F. Accommodate
the need of sign installers while avoiding nuisances to nearby properties;
G. Ensure
safe construction, location, installation, and maintenance of signs;
H. Prevent
proliferation of sign clutter;
I. Minimize
distractions for motorists on public highways and streets;
J. Regulate
solely on the basis of time, place, and manner of a sign, not on its
content; and
K. Coordinate
review where multiple agencies have review authority for a sign permit.
(Ord. 1733 § 1(1) (Exh.
A), 1993; Ord. 1965 §§ 2,
3, 2006; Ord. 2040 § 2
(Exh. B), 2011)
The following words and phrases where used in this title shall,
for the purposes of this title, have the meanings respectively ascribed
to them in this section:
"Area" or "area of a sign"
means the area to and within an established sign edge, frame
or perimeter which encloses the limits of any writing, representation,
emblem, figure, or character. The area of a sign having no such perimeter,
or the area of a sign having an irregular shape, shall be computed
by enclosing the surface area within a circle, square, rectangle,
and/or triangle. The area of all signs in existence at the time of
the enactment of the ordinance codified in this chapter, whether conforming
or nonconforming, shall be counted in establishing the permitted sign
area of all new signs to be allowed for an individual business on
a premises. Where a sign is of a three-dimensional or round or irregular
solid shape, the largest cross-section shall be used, as though it
were a flat surface, to determine sign area.
Figure 14.04.030-1
Calculating Sign Area
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"Awning"
means either a permanent or retractable structural extension
off a building or structure which has a minimum ground clearance of
8 feet.
"City"
means the City of Milwaukie, Oregon.
"Clearance"
is measured from the highest point of the grade below the
sign to the lowermost point of the sign.
"Display surface"
means the area made available by the sign structure for the
purpose of displaying the message.
"Dissolve"
means the changing of an electronic display by means of varying
light intensity or pattern, where one display gradually appears to
dissipate or lose legibility simultaneously with the gradual appearance
and legibility of a subsequent display.
"Downtown zones"
means the DMU, Downtown Mixed Use, and OS, Open Space, Zones,
as defined in the Zoning Ordinance.
"Face of a building"
means all window and wall area of a building in one plane.
Figure 14.04.030-2 Building Face
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"Fade"
means the changing of an electronic display by means of varying
light intensity, where one display gradually reduces intensity to
the point of being illegible or imperceptible and the subsequent display
gradually increases intensity to the point of being legible or capable
of being perceived.
"Flag"
means any fabric displayed on a flagpole that is the symbol
of a national government or political subdivision.
"Frontage"
means the length of the property line of any one premises
along each public street it borders. Each portion of the premises
abutting a separate street shall be considered as a separate frontage.
"Height"
is measured from the highest point of the grade below the
sign to the topmost point of the sign.
"Home occupation"
means an occupation carried on at a dwelling as an accessory
use to the dwelling, with the activity conducted in such a manner
as to give no appearance of a business, and with no infringement upon
the right of neighboring residents to enjoy the peaceful occupancy
of their homes.
"Install"
means to build, construct, attach, place, suspend, or affix
and shall also include the painting of wall signs.
"Maintain"
means to permit a sign, sign structure or part thereof to
continue, or to repair or refurbish a sign, sign structure, or part
thereof.
"Manufacturing zones"
are the M, Manufacturing, and BI, Business Industrial, Zones
as defined in the Zoning Ordinance.
"Marquee"
means a permanent roof-like structure attached to and supported
by a building and projected therefrom.
"Occupancy"
means a property or portion of property that is possessed
or used separately from other properties or other portions of the
same property. Examples of occupancies include a store in a mall or
an office in an office building.
Figure 14.04.030-3 Occupancy
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"Other commercial zones"
means the C-L, Limited Commercial; C-CS, Community Shopping
Commercial; GMU, General Mixed Use; NMU, Neighborhood Mixed Use; and
C-G, General Commercial, Zones, as defined in the Zoning Ordinance.
"Person"
means any natural person, firm, partnership, association,
social or fraternal organization, corporation, estate, trust, receiver,
syndicate, branch of government, or any other group or combination
acting as a syndicate, branch of government, or any other group or
combination acting as a unit.
"Premises"
means a lot, parcel or tract of land occupied, or to be occupied,
by a building or unit or group of buildings and its accessory buildings
under control of a person. If more than one business is located on
the lot, parcel or tract of land, each separate business shall be
considered as a separate premises.
"Prohibited electronic display"
means any part of the message or display on an electronic
display sign that utilizes the following methods of presentation:
A.
"Flash"
means sudden or intermittent electrical illumination.
B.
"Scroll"
means the changing of an electronic display by the apparent
movement of the visual image, such that a new visual image appears
from the margins of the sign in a continuous or unfurling movement.
C.
"Travel"
means the changing of an electronic display by the apparent
horizontal movement of the visual image.
D.
"Video display"
means providing an electronic display in horizontal or vertical
formats to create continuously moving images.
"Projection"
means the distance by which a sign extends from its supporting
structure.
"Residential zones"
means the R-MD and R-HD Residential Zones as defined in the
Zoning Ordinance.
"Sign"
means the physical components of materials placed or constructed
primarily to convey a message or other display and which can be viewed
from a right-of-way or lot under other ownership. Displays permitted
through Title 20 Public Art are not signs for purposes of Title 14.
Sign, awning.
"Awning sign" means a sign which is painted onto, attached,
or affixed to the surface of an awning or is suspended underneath
an awning. The display surface of an awning is measured as the distance
from where the awning meets the vertical wall to the outermost projection
of the awning times length.
Figure 14.04.030-4 Calculating Awning Area
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Sign, banner.
"Banner sign" means a sign of lightweight fabric or similar
material that can be mounted on a temporary basis. A banner sign may
not be used as a wall sign.
Sign, bench.
"Bench sign" means a sidewalk bench which displays a message
and is subject to the provisions of Chapter 12.20 of the Milwaukie
Municipal Code.
Sign, cabinet.
"Cabinet sign" means a sign in which the display face is
mounted on or attached to the front of a self contained box-like structure,
which usually houses a light source, and is affixed to a building
or other structure.
Sign, daily display.
"Daily display sign" means a nonpermanent sign normally associated
with business activity which is placed out-of-doors during business
hours for display and returned indoors during off-hours. Daily display
signs may be constructed in a sandwich board (A-frame) style, mounted
on a single pedestal, or other similar construction, and are intended
to be unlit and easily moved.
Sign, electronic display.
"Electronic display sign" means a sign or portion of a sign
on which the message or display is created by bulbs, light-emitting
diodes, liquid crystal displays, plasma display panels, pixel or subpixel
technology, or other similar technology.
Sign, externally illuminated.
"Externally illuminated sign" means a sign illuminated by
an exterior light source or luminous tubing which is primarily designed
to illuminate only the sign.
Sign, fence.
"Fence sign" means a sign attached to the side of a fence
on a permanent basis.
Sign, fin.
"Fin sign" means a sign which is supported by a pole or poles
and partly by a building.
Figure 14.04.030-5 Fin Sign
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Sign, flashing.
"Flashing sign" means any sign which contains an intermittent
or flashing light source, or which includes the illusion of intermittent
or flashing light by means of animation, or an externally mounted
intermittent light source.
Sign, freestanding.
"Freestanding sign" means a sign wholly supported by a sign
structure in the ground. Freestanding signs include pole signs and
monument signs.
Figure 14.04.030-6 Freestanding Signs
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Sign, hanging.
"Hanging sign" is a sign that is suspended below an awning
or other portion of a building and typically oriented perpendicular
to pedestrian or vehicular travel.
Figure 14.04.030-7 Hanging Signs
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Sign, internally illuminated.
"Internally illuminated sign" means a sign which is wholly
or partially illuminated by an internal light source from which source
light passes through the display surface to the exterior of the sign.
Sign, kiosk.
"Kiosk sign" means any sign with multiple display surfaces
for view by pedestrians that illustrates information about a specific
area, such as the layout of a development, tenants, businesses, or
landmarks.
Sign, marquee.
"Marquee sign" means a sign which is installed or maintained
under, over, or on, and supported or partially supported by, a marquee.
The area of a marquee sign is calculated as the greater of the two
marquee areas; either parallel or perpendicular to the building face.
Figure 14.04.030-8 Calculating Marquee Area
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Sign, monument.
"Monument sign" means any sign affixed to a base which has
a width that is equal to or greater than the width of the sign.
Figure 14.04.030-9 Monument Sign
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Sign, moving.
"Moving sign" means a sign with a visible moving part or
visible mechanical movement, including signs which move in the wind
or forced air, or by motors, clockwork, or other mechanical means.
Sign, neon.
"Neon sign" means an electric sign lighted by long luminous
gas-discharge tubes that contain rarefied neon or other gases. A neon
sign is a lighting display made of glass tubes that have been filled
with a gas and bent into the shape of letters or decorative designs.
Sign, noncomplying.
"Noncomplying sign" means any sign that did not comply with
applicable sign code standards when built or modified.
Sign, nonconforming.
"Nonconforming sign" means a sign that complied with applicable
standards when created or modified but which does not comply with
existing standards. Signs that did not require Planning Commission
approval when created will not be considered nonconforming if approval
from that body is currently required.
Sign, pennant.
"Pennant sign" means a shaped, lightweight sign made of plastic,
fabric, or other material (whether or not containing a message of
any kind); suspended from a rope, wire, or string; usually in a series;
and designed to move in the wind.
Sign, pole.
"Pole sign" means a freestanding sign in which the display
face of the sign is supported on a base which may be tubular, columnar,
or rectangular in shape and in which any portion of the base or support
structure has a width that is less than the width of the display surface
of the sign.
Figure 14.04.030-10 Pole Sign
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Sign, projecting.
"Projecting sign" means and includes any sign which is attached
to a building and extends more than 12 inches beyond the line of the
building or more than 12 inches beyond the surface of that portion
of the building to which it is attached.
Figure 14.04.030-11
Projecting Signs
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Sign, roof.
"Roof sign" means a sign installed upon or above a roof or
parapet of a building.
Figure 14.04.030-12
Roof Signs
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Sign, temporary.
"Temporary sign" means any sign, regardless of construction
materials, which is not permanently mounted and is intended to be
displayed on an irregular basis for a limited period of time.
Sign, unsafe.
"Unsafe sign" means any sign determined to be a hazard to
the public by the City Manager or duly authorized representative.
Sign, wall.
"Wall sign" means any sign painted on, attached to, or installed
against the wall of a building or structure, with the exposed face
of the sign in a plane parallel to the plane of said wall, the angle
of said wall not to exceed 30 degrees from the vertical. Wall signs
may not project more than 12 inches from the wall to which they are
attached. Painted wall decorations which include a message are considered
to be wall signs. Banners and similar signs may not be used as wall
signs.
Figure 14.04.030-13
Wall Signs
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Sign, window.
"Window sign" means a sign, pictures, symbols, neon tubing,
or combination thereof, designed to communicate information, that
is placed within a window and directed toward the outside of the window.
Window signs do not include painted or printed displays of a temporary
nature.
Figure 14.04.030-14 Window Sign
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"State highway"
means the entire width between the boundary lines of every
State highway as defined in ORS 366.005, including but not limited
to the Interstate System and the federal-aid primary system.
"Structural alteration"
means any change in a structure or components. Structural
alteration does not include a change in copy or message, normal maintenance,
or repairs that simply restore the sign to original condition.
Table 14.04.030 summarizes the types of signs. In the sign
district sections that follow, regulations are discussed in terms
of the categories listed in this table.
Table 14.04.030
Types of Signs
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Sign Category
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Sign Type
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Wall signs
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• Signs placed on parapets
• Banners
• Cabinet signs
• Murals
• Signs on the exterior of a window
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Freestanding signs
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• Pole signs
• Monument signs
• Billboards
• Daily display sandwich board signs
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Projecting signs
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• Below an awning, eve, or marquee
• Sign projecting from a structure
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Window signs
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• Signs on the interior of a window
• Painted or printed temporary signs
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Roof signs
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• Signs mounted on a roof
• Signs mounted on a parapet
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Other signs
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• Bench
• Flags
• Marquee
• Awning
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(Ord. 1733 § 1(1) (Exh.
A), 1993; Ord. 1880 § 6
(Exh. A), 2000; Ord. 1916 § 3
(Exh. B), 2003; Ord. 1917 § 3
(Exh. B), 2003; Ord. 1965 §§ 2,
3, 2006; Ord. 2040 § 2
(Exh. B), 2011; Ord. 2078 § 2
(Exh. B), 2014; Ord. 2106 § 2
(Exh. F), 2015; Ord. 2110 § 2
(Exh. G), 2015; Ord. 2112 § 2
(Exh. B), 2015; Ord. 2161 § 2,
2018; Ord. 2168 § 2, 2019; Ord. 2218 § 2 (Exh. B), 2022; Ord. 2224 § 2, 2022; Ord. 2229 § 2, 2023; Ord. 2235 § 2, 2023)
The regulations regarding signs contained in Chapter
14.16 relate to zoning districts which are defined in the Zoning Ordinance Map, which is part of the Zoning Ordinance of the City.
(Ord. 1733 § 1(1) (Exh.
A), 1993)